Court filing
Acknowledgment of Sentencing Options by Heath Gauthier — USA v. Gauthier (Dkt. 46)
Filed June 28, 2024 in USA v. Gauthier; one of 37 filings from this case.
Record facts
| Court | D.N.H. |
|---|---|
| Filed | 2024-06-28 |
D.N.H. · No. 1:23-cr-00015-JL-TSM · Doc. 46 · 2024-06-28 · Docket on CourtListener
Full text
Case l:23-cr-00015-JL-TSM Documenl40-3 Filed 06/14/24 Page 6 of 6 Acknowledgment - Sentencing Options and Supervision Conditions UNITED STATES DISTRICT COURT District of New Hampshire UNITED STATES OF AMERICA ACKNOWLEDGMENT V. Heath Gauthier Defendant Case Number: 1:23CR00015-1-JL I. Heath Gauthier, acknowledge that I have received, reviewed and understand the proposed Sentencing Options and Supervision Conditions filed by the U.S. Probation Office in this case. / Date: to-" Defendant / \ ■●-/I Defence Counsel cc: Defendant U.S. Attorney U.S. Marshal U.S. Probation Defense Counsel USDCNH-103 (10-14) Case 1:23-cr-00015-JL-TSM Document 46 Filed 06/28/24 Page 1 of 6 PROPOSED SENTENCING OPTIONS AND SUPERVISION CONDITIONS UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE UNITED STATES V. HEATH GAUTHIER, DKT. 0102 1:23CR00015-001 TOTAL OFFENSE LEVEL 29 CRIMINAL HISTORY CATEGORY II Statutory Provisions Guideline Provisions Plea Agreement Provisions CUSTODY: Cts. 2s & 4s: 0 years- 20 years on each Ct. 7s: 2 years, consecutive to all other counts Ct. 10s: 10 years-20 years 120 months-121 months plus 2 years consecutive to Counts 2s, 4s and 10s (for a total effective range of 144-145 months) 145 months (binding stipulation) SUPERVISED RELEASE: Cts. 2s & 4s: 0 years- 3 years Ct. 7s: 0 years-1 years Ct. 10s: 5 years-life 5 years-life Not addressed PROBATION: Cts. 2s, 4s, 7s & 10s: Ineligible Ineligible Not recommended FINE: Cts. 2s & 4s: $786,028 on each Cts. 7s & 10s: $0- $250,000 $30,000-$1,572,056 or twice the gross gain or loss Not addressed RESTITUTION: Cts. 2s & 4s: $196,507 Ct. 10: $6,000 (minimum required by statute) to $10,000 (amount requested) At least $202,507 (minimum required by statute) to $206,507 (amount requested) At least $202,507 (binding stipulation) SPECIAL ASSESSMENT: Cts. 2s, 4s, 7s & 10s: $100, on each Cts. 2s, 4s, 7s & 10s: $100, on each $400 JVTA ASSESS.: Ct. 10s: $5,000 (unless indigent) Ct. 10s: $5,000 (unless indigent) Not addressed AVAA ASSESS.: Ct. 10s: Not more than $17,000 Not applicable Not more than $17,000 Case 1:23-cr-00015-JL-TSM Document 40-3 Filed 06/14/24 Page 1 of 6 Case 1:23-cr-00015-JL-TSM Document 46 Filed 06/28/24 Page 2 of 6 Gauthier, Heath 0102 1:23CR00015 ______________________________________________________________________________ 2 SUPERVISION: While on supervision, you must comply with the following mandatory conditions: You must not commit another federal, state, or local crime. You must not unlawfully possess a controlled substance. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of placement on supervision and at least two periodic drug tests thereafter, not to exceed 72 drug tests per year of supervision. You must cooperate in the collection of DNA as directed by the probation officer. You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted of a qualifying offense. In addition, you must comply with the standard conditions that have been adopted by this Court as well as the following special conditions: Substance Abuse Treatment, Testing, Abstinence 1. You must participate in a substance use treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). You must pay for the cost of treatment to the extent you are able, as determined by the probation officer. 2. You must not use or possess any controlled substances without a valid prescription. If you do have a valid prescription, you must disclose the prescription information to the probation officer and follow the instructions on the prescription. 3. You must submit to substance abuse testing to determine if you have used a prohibited substance. You shall pay for the cost of testing to the extent you are able, as determined by the probation officer. You must not attempt to obstruct or tamper with the testing methods. 4. You must not use or possess alcohol. 5. You must not knowingly purchase, possess, distribute, administer, or otherwise use any psychoactive substances (e.g., synthetic marijuana, bath salts, etc.) that impair a person’s physical or mental functioning, whether or not intended for human consumption, except with the prior approval of the probation officer. Mental Health Treatment 6. You must participate in a mental health treatment program and follow the rules and regulations of that program. The probation officer, in consultation with the treatment Case 1:23-cr-00015-JL-TSM Document 40-3 Filed 06/14/24 Page 2 of 6 3. STICKEN - FOR REASONS STATED ON THE 6/28/2024 RECORD. 1. STRICKEN - FOR REASONS STATED ON THE 6/28/2024 RECORD. Case 1:23-cr-00015-JL-TSM Document 46 Filed 06/28/24 Page 3 of 6 Gauthier, Heath 0102 1:23CR00015 ______________________________________________________________________________ 3 provider, will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). You must pay for the cost of treatment to the extent you are able, as determined by the probation officer. Financial Requirements and Restrictions 7. You must provide the probation officer with access to any requested financial information and authorize the release of any financial information. The probation office may share financial information with the Financial Litigation Unit of the U.S. Attorney’s Office. 8. You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer. 9. If the judgment imposes a financial penalty, you must pay the financial penalty in accordance with the Schedule of Payments sheet of this judgment. You must also notify the court of any changes in economic circumstances that might affect the ability to pay this financial penalty. Association and Contact Restrictions 10. You must not have direct contact with any child you know or reasonably should know to be under the age of 18 without the permission of the probation officer. If you do have any direct contact with any child you know or reasonably should know to be under the age of 18 your own children, without the permission of the probation officer, you must report this contact to the probation officer within 24 hours. Direct contact includes written communication, in-person communication, or physical contact. Direct contact does not include incidental contact during ordinary daily activities in public places. Place Restrictions 11. You must not go to, or remain at, any place where you know children under the age of 18 are likely to be, including parks, schools, playgrounds, and childcare facilities. Search and Seizure 12. You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search conducted by a United States Probation Officer. Failure to submit to a search may be grounds for revocation of release. You must warn any other occupants that the premises may be subject to searches pursuant to this condition. The probation officer may conduct a search under this condition only when reasonable suspicion exists that you have violated a condition of supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner. Case 1:23-cr-00015-JL-TSM Document 40-3 Filed 06/14/24 Page 3 of 6 Case 1:23-cr-00015-JL-TSM Document 46 Filed 06/28/24 Page 4 of 6 Gauthier, Heath 0102 1:23CR00015 ______________________________________________________________________________ 4 Restrictions on Viewing Sexually Explicit Materials 13. You must not view or possess any “visual depiction” (as defined in 18 U.S.C. § 2256), including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of “sexually explicit conduct” (as defined in 18 U.S.C. § 2256). Sex Offense-Specific Assessment, Treatment, and Physiological Testing 14. You must participate in a sex offense-specific assessment. You must pay for the cost of the assessment the extent you are able, as determined by the probation officer. 15. You must participate in a sex offense-specific treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). You must pay for the cost of the program to the extent you are able, as determined by the probation officer. 16. You must participate in visual response testing as part of the required participation in a sex offense specific assessment and/or treatment. Polygraph for Sex Offender Management 17. You must submit to periodic polygraph testing at the discretion of the probation officer as a means to ensure that you are in compliance with the requirements of your supervision or treatment program. You must pay for the cost of polygraph testing to the extent you are able, as determined by the probation officer. When submitting to a polygraph exam, you do not waive your Fifth Amendment rights, and your exercise of such rights will not give rise to a violation proceeding. Computer and Internet Restrictions 18. You must not possess and/or use computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage devices or media except as approved in advance by the probation officer. 19. You must not access the Internet except for reasons approved in advance by the probation officer. 20. You must submit your computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage devices or media, to a search. You must warn any other people who use these computers or devices capable of accessing the Internet that the devices may be subject to searches pursuant to this condition. A probation officer may conduct a search pursuant to this condition only when reasonable suspicion exists that there is a violation of a condition of supervision and that the computer or device contains evidence of this violation. Any search will be conducted at a reasonable time and in a reasonable manner. Case 1:23-cr-00015-JL-TSM Document 40-3 Filed 06/14/24 Page 4 of 6 Case 1:23-cr-00015-JL-TSM Document 46 Filed 06/28/24 Page 5 of 6 Gauthier, Heath 0102 1:23CR00015 ______________________________________________________________________________ 5 21. You must allow the probation officer to install computer monitoring software on any computer (as defined in 18 U.S.C. § 1030(e)(1)) you use. You must pay for the cost of this monitoring software to the extent you are able, as determined by the probation officer. 22. To ensure compliance with the computer monitoring condition, you must allow the probation officer to conduct initial and periodic unannounced searches of any computers (as defined in 18 U.S.C. § 1030(e)(1)) subject to computer monitoring. These searches shall be conducted for the purposes of determining whether the computer contains any prohibited data prior to installation of the monitoring software; to determine whether the monitoring software is functioning effectively after its installation; and to determine whether there have been attempts to circumvent the monitoring software after its installation. You must warn any other people who use these computers that the computers may be subject to searches pursuant to this condition. Respectfully submitted, Kevin L. Lavigne Chief U.S. Probation Officer By: /s/ Sean P. Buckley Sean P. Buckley U.S. Probation Officer Approved: /s/ Laura M. Roffo_ Laura M. Roffo Supervising U.S. Probation Officer 06/14/2024 Date Case 1:23-cr-00015-JL-TSM Document 40-3 Filed 06/14/24 Page 5 of 6 Case 1:23-cr-00015-JL-TSM Document 46 Filed 06/28/24 Page 6 of 6
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