UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE

§

v. §

§ Case Number: 1:16-CR-00009-001

RUSTIN JAKE WHITLEY § USM Number: 16102-003

aka Nerdyinlucedale § Richard E. Shields, Esquire

§ Defendant’s Attorney

THE DEFENDANT:

pleaded guilty to count 2 of the Indictment on 4/25/2016.

pleaded nolo contendere to count(s) which was accepted by the court 

was found guilty on count(s) after a plea of not guilty 

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense:

Title & Section / Nature of Offense Offense Ended Count

18:2423(b) - Interstate travel to engage in illicit sexual conduct 08/03/2015 2

The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing 

Reform Act of 1984.

The defendant has been found not guilty on count(s) 

Count 1 is are dismissed on the motion of the United States

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any 

change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are 

fully paid. If ordered to pay restitution, the defendant must notify the court and United States Attorney of material changes in 

economic circumstances.

 

August 25, 2016

Date of Imposition of Judgment

/s/ Callie V. S. Granade

Signature of Judge

CALLIE V. S. GRANADE

SENIOR UNITED STATES DISTRICT JUDGE

Name and Title of Judge

August 26, 2016

Date

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DEFENDANT: RUSTIN JAKE WHITLEY, aka Nerdyinlucedale

CASE NUMBER: 1:16-CR-00009-001

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 

FIFTEEN (15) months as to count 2.

The court makes the following recommendations to the Bureau of Prisons: that defendant be imprisoned at an institution where 

he may be evaluated and receive in-depth psychological counseling, or if he volunteers, at a Federal Correctional Institution so 

that he may participate in the sex offender treatment program.

The defendant is remanded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district:

at a.m. p.m. on 

as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

before 2 p.m. on 

as notified by the United States Marshal.

as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on to _________________________________________________

at , with a certified copy of this judgment.

 

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

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DEFENDANT: RUSTIN JAKE WHITLEY, aka Nerdyinlucedale

CASE NUMBER: 1:16-CR-00009-001

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: LIFE.

Special Conditions:

1) The defendant shall submit to periodic urine surveillance and/or breath, saliva, and skin tests for the detection of drug and/or 

alcohol abuse as directed by the Probation Office. Defendant may incur costs associated with such detection efforts based upon ability 

to pay as determined by the Probation Office, and availability of any third-party payments. 

2) Defendant shall participate in a mental health evaluation and comply with any treatment consistent with the findings of said 

evaluation as recommended by the Probation Office.

3) The Defendant shall submit his person, house, residence, vehicle(s), papers, computer(s) (as defined by 18 U.S.C., § 1030(e)(1)), or 

other electronic communication or data storage devices or media, business or place of employment and any other property under the 

defendant’s control, to a search conducted by the United States Probation Office at a reasonable time and in a reasonable manner, 

based upon a reasonable suspicion of contraband, or evidence of violation of condition of release. Failure to submit to a search in 

accordance with this condition may be grounds for revocation. The defendant shall warn any other occupants that the premises may 

be subject to searches pursuant to this condition.

4) The defendant shall participate in sex offender treatment, evaluation, testing, clinical polygraphs and other assessment instruments 

as directed by the Probation Office.

5) The defendant shall not possess or use a computer with access to any "on-line computer service" at any location (including 

employment) without the permission of the Probation Office.

6) The defendant shall consent to periodic, unannounced examinations of any internet capable device, which may include retrieval and 

copying of all data to insure compliance with this condition, and/or removal of such equipment for the purpose of conducting a more 

thorough inspection.

See attachment for further special conditions:

For offenses committed on or after September 13, 1994: The defendant shall refrain from any unlawful use of a controlled 

substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug 

tests thereafter, as directed by the probation officer.

The above drug testing condition is suspended based on the court’s determination that the defendant poses a low risk of future 

substance abuse. (Check, if applicable.)

The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is 

a student, as directed by the probation officer. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)

If this judgment imposes a fine or restitution obligation, it shall be a condition of supervised release that the defendant pay any such 

fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of 

Payments set forth in the Criminal Monetary Penalties sheet of this judgment. The defendant must report to the probation office in the 

district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not illegally possess a controlled substance.

The defendant shall comply with the standard conditions that have been adopted by this court.

The defendant shall also comply with the additional conditions on the attached page.

See Page 4 for the

“STANDARD CONDITIONS OF SUPERVISION”

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DEFENDANT: RUSTIN JAKE WHITLEY, aka Nerdyinlucedale

CASE NUMBER: 1:16-CR-00009-001

STANDARD CONDITIONS OF SUPERVISION

1. the defendant shall not leave the judicial district without the permission of the court or probation officer;

2. the defendant shall report to the probation officer in a manner and frequency directed by the court or 

probation officer;

3. the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of 

the probation officer;

4. the defendant shall support his or her dependents and meet other family responsibilities;

5. the defendant shall work regularly at a lawful occupation unless excused by the probation officer for 

schooling, training, or other acceptable reasons;

6. the defendant shall notify the probation officer at least ten days prior to any change in residence or 

employment;

7. the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, 

or administer any controlled substance or any paraphernalia related to any controlled substances, except 

as prescribed by a physician;

8. the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, 

or administered;

9. the defendant shall not associate with any persons engaged in criminal activity and shall not associate 

with any person convicted of a felony unless granted permission to do so by the probation officer;

10. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and 

shall permit confiscation of any contraband observed in plain view of the probation officer;

11. the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned 

by a law enforcement officer;

12. the defendant shall not enter into any agreement to act as an informer or a special agent of a law 

enforcement agency without the permission of the court; 

13. as directed by the probation officer, the defendant shall notify third parties of risks that may be 

occasioned by the defendant’s criminal record or personal history or characteristics and shall permit the 

probation officer to make such notifications and to confirm the defendant’s compliance with such 

notification requirement.

14. the defendant shall cooperate, as directed by the probation officer, in the collection of DNA, if 

applicable, under the provisions of 18 U.S.C. §§ 3563(a)(9) and 3583(d) for those defendants convicted 

of qualifying offenses.

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DEFENDANT: RUSTIN JAKE WHITLEY, aka Nerdyinlucedale

CASE NUMBER: 1:16-CR-00009-001

CRIMINAL MONETARY PENALTIES

The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth

on Page 6.

Assessment Fine Restitution

TOTALS $100.00

The determination of restitution is deferred until ____________. An Amended Judgment in a Criminal Case (AO245C) will be 

entered after such determination.

The defendant shall make restitution (including community restitution) to the following payees in the amounts listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise 

in the priority order or percentage payment column below. (or see attached) However, pursuant to 18 U.S.C. § 3644(i), all non-federal 

victims must be paid in full prior to the United States receiving payment.

If applicable, restitution amount ordered pursuant to plea agreement $ _______________ 

The defendant must pay interest on any fine or restitution of more than $2,500, unless the restitution or fine is paid in full before 

the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Page 6 may be 

subject to penalties for default, pursuant to 18 U.S.C. § 3612(g).

The court determined that the defendant does not have the ability to pay interest and it is ordered that:

the interest requirement is waived for the fine restitution

the interest requirement for the fine restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after 

September 13, 1994, but before April 23, 1996.

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DEFENDANT: RUSTIN JAKE WHITLEY, aka Nerdyinlucedale

CASE NUMBER: 1:16-CR-00009-001

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A Lump sum payments of $ $100.00 , $.00, $.00 due immediately, balance due not later than ____________, or

in accordance with C, D, E, or F below; or

B Payment to begin immediately (may be combined with C, D, or F below); or

C Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

 (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

 (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment 

to a term of supervision; or

E Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release 

from imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that 

time; or

F Special instructions regarding the payment of criminal monetary penalties:

It is ordered that the Defendant shall pay to the United States a special assessment of $100.00 for Count 2, which 

shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court.

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment, 

payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalty payments, 

except those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the clerk of 

the court, unless otherwise directed by the court, the probation officer, or the United States Attorney.

The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.

Joint and Several

Defendant shall receive credit on his restitution obligation for recovery from other defendants who contributed to the same 

loss that gave rise to defendant's restitution obligation.

The defendant shall pay the cost of prosecution.

The defendant shall pay the following court cost(s): 

The defendant shall forfeit the defendant’s interest in the following property to the United States:

 

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,

(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.

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DEFENDANT: RUSTIN JAKE WHITLEY, aka Nerdyinlucedale

CASE NUMBER: 1:16-CR-00009-001

SPECIAL CONDITIONS OF SUPERVISION

7) The defendant shall cooperate with the United States Probation Office Computer and Internet Monitoring program. Cooperation 

shall include, but not be limited to, identifying computer systems, Internet capable devices, and/or similar electronic devices the 

defendant has access to, and allowing the installation of monitoring software/hardware on said devices, at the defendant’s expense. 

The defendant shall inform all parties that access a monitored computer, or similar electronic device, that the device is subject to 

search and monitoring. The defendant may be limited to possessing only one personal Internet capable device, to facilitate the ability 

to effectively monitor his/her Internet related activities. The defendant shall also permit random examinations of said computer 

systems, Internet capable devices, and similar electronic devices, and related computer peripherals, such as CD’s under his/her control.

8) The defendant shall register with the state sex offender registration agency in any state where he resides, is employed, carries on a 

vocation, or is a student pursuant to the provisions of Tier III as outlined in the Sex Offender Registration and Notification Act.

9) The defendant shall not travel out-of-district throughout the term of supervision without written consent of the Probation Office. If 

travel is approved, the defendant may be required to participate in the location monitoring program, and follow location monitoring 

procedures specified by the Probation Office. The defendant may be required to pay the daily cost of such monitoring.

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