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Home Court filings Kenneth Hawkins case — U.S. District Court, S.D. Ohio Judgment in a Criminal Case — United States v. Hawkins (Dkt. 35, S.D. Ohio)

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Judgment in a Criminal Case — United States v. Hawkins (Dkt. 35, S.D. Ohio)

Summary

A judgment in a criminal case in United States v. Kenneth Hawkins, Case Number 1:22-cr-31, in the U.S. District Court for the Southern District of Ohio, filed January 13, 2023 as Doc 35. It records that the defendant, represented by Richard Monahan, pleaded guilty to count 4, possession of child pornography, with the offense ending February 8, 2022, and that Counts 1, 2, and 3 are dismissed on the motion of the United States. The court commits the defendant to the Bureau of Prisons for a total term of 18 months, recommends placement in the closest facility to Cincinnati, Ohio and sexual offender treatment, and imposes 5 years of supervised release. The final page lists additional forfeited property, including hard drives, a Dell desktop computer and a USB drive.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed January 13, 2023 in Kenneth Hawkins; one of 1 filings from this case.

Record facts

CourtU.S. District Court for the Southern District of Ohio
Filed2023-01-13

Cite this document

“Judgment in a Criminal Case — United States v. Hawkins (Dkt. 35, S.D. Ohio).” U.S. District Court for the Southern District of Ohio, No. 1:22-cr-00031, Doc. 35, filed 2023-01-13. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-kenneth-hawkins-ohsd-267108/2023-01-13-gov-uscourts-ohsd-267108-35-0-doc-35/, SHA-256 8092105269cde9b7585f0692b5cd0b6538ddcf3d49c26279498994dd1aeb764a.

Full text

Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 1 of 8 PAGEID #: 177
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 1



                                          UNITED STATES DISTRICT COURT
                                                     __________ District of __________
                                                                          )
              UNITED STATES OF AMERICA                                    )         JUDGMENT IN A CRIMINAL CASE
                         v.                                               )
                                                                          )
                                                                          )         Case Number: 1:22-cr-31
                        Kenneth Hawkins                                   )         USM Number: 92890-509
                                                                          )
                                                                          )          Richard Monahan
                                                                          )         Defendant’s Attorney
THE DEFENDANT:
✔ pleaded guilty to count(s)
G                                     4
G pleaded nolo contendere to count(s)
   which was accepted by the court.
G was found guilty on count(s)
   after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section                   Nature of Offense                                                          Offense Ended              Count
86&††$ D              Possession of Child Pornography                                            2/8/2022                       4
  % DQG E 




       The defendant is sentenced as provided in pages 2 through                8          of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
G The defendant has been found not guilty on count(s)
✔ Count(s)
G                1, 2, and 3                            G is      ✔ are dismissed on the motion of the United States.
                                                                  G
         It is ordered that the defendant must 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.

                                                                                                           1/11/2023
                                                                         Date of Imposition of Judgment




                                                                         Signature of Judge




                                                                                              Douglas R. Cole - U.S. District Judge
                                                                         Name and Title of Judge


                                                                                                           1/13/2023
                                                                         Date

                  Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 2 of 8 PAGEID #: 178
AO 245B (Rev. 09/19) Judgment in Criminal Case
                     Sheet 2 — Imprisonment

                                                                                                     Judgment — Page    2       of   8
 DEFENDANT:  Kenneth Hawkins
 CASE NUMBER: 1:22-cr-31

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

                                                               18 months




      ✔ The court makes the following recommendations to the Bureau of Prisons:
      G
           (1) That the Defendant be placed in the closest facility to Cincinnati, Ohio.
           (2) That the Defendant participate in sexual offender treatment.




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

      G The defendant shall surrender to the United States Marshal for this district:
          G at                                     G a.m.      G p.m.        on                                             .

          G as notified by the United States Marshal.
      ✔ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
      G
          ✔ RQRUDIWHU
          G                            3/13/2023                         .

          G as notified by the United States Marshal.
          G 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

                 Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 3 of 8 PAGEID #: 179
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 3 — Supervised Release
                                                                                                      Judgment—Page     3     of       8
DEFENDANT: Kenneth Hawkins
CASE NUMBER: 1:22-cr-31
                                                       SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:


                                                             5 years




                                                      MANDATORY CONDITIONS
1.   You must not commit another federal, state or local crime.
2.   You must not unlawfully possess a controlled substance.
3.   You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from
     imprisonment and at least two periodic drug tests thereafter, as determined by the court.
            G✔ The above drug testing condition is suspended, based on the court's determination that you
                pose a low risk of future substance abuse. (check if applicable)
4.    G✔ You   must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
         restitution. (check if applicable)
5.    G✔ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6.    G✔ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
         directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
         reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7.    G You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.

                Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 4 of 8 PAGEID #: 180
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 3A — Supervised Release
                                                                                               Judgment—Page         4        of         8
DEFENDANT: Kenneth Hawkins
CASE NUMBER: 1:22-cr-31

                                       STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1.    You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
      release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
      frame.
2.    After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
      when you must report to the probation officer, and you must report to the probation officer as instructed.
3.    You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
      court or the probation officer.
4.    You must answer truthfully the questions asked by your probation officer.
5.    You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
      arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
      the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
      hours of becoming aware of a change or expected change.
6.    You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
      take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7.    You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
      doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
      you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
      responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
      days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
      becoming aware of a change or expected change.
8.    You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
      convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
      probation officer.
9.    If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10.   You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
      designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11.   You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
      first getting the permission of the court.
12.   If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
      require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
      person and confirm that you have notified the person about the risk.
13.   You must follow the instructions of the probation officer related to the conditions of supervision.



U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.


Defendant's Signature                                                                                    Date

                Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 5 of 8 PAGEID #: 181
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 3D — Supervised Release
                                                                                           Judgment—Page    5     of      8
DEFENDANT: Kenneth Hawkins
CASE NUMBER: 1:22-cr-31

                                         SPECIAL CONDITIONS OF SUPERVISION
 (1) Shall not possess, or view sexually explicit material as defined by 18 U.S.C. §§ 2256(2)(A) and (B).
 (2) Shall participate in a sex offender treatment program, to include a sex offender risk assessment, psychosexual
 evaluation and/or other evaluation as needed.
 (3) Shall participate in a program of testing and treatment for alcohol and controlled substance abuse, as directed by the
 U.S. Probation Office, until such time as the defendant is released from the program by the probation office. Defendant will
 make a co-payment for treatment services not to exceed $25 per month, which is determined by his ability to pay.
 (4) Shall also be subject to periodic polygraph examinations at the discretion and direction of the probation officer and at
 his expense. Defendant shall follow the rules and regulations of the sex offender treatment program as implemented by the
 probation office. Defendant shall sign all necessary authorizations forms to release confidential information so that
 treatment providers, probation officers, polygraph examiners and others (as necessary) are allowed to communicate
 openly about the defendant and his relapse prevention plan.
 (5) Shall have his residence and employment be pre-approved by the probation officer and in compliance with state and
 local law.
 (6) Shall install software to monitor computer activities on any computer Defendant is authorized to use at his own
 expense. The software may record any and all activity on Defendant’s computer, including the capturing of keystrokes,
 application information, internet use history, email correspondence, and chat conversation. This software will be checked
 on a random basis. Defendant has no expectations of privacy regarding computer use or information stored on the
 computer if monitoring software is installed and understands and agrees that information gathered by said software may
 be used against Defendant in subsequent court actions regarding Defendant’s computer use and conditions of supervision.
 Defendant must also warn others of the existence of the software program. Defendant is prohibited from attempting to
 remove, tamper with, or alter/circumvent in any way the software program. Furthermore, Defendant must comply with the
 rules set forth in the computer monitoring participation agreement.
 (7) Shall submit and/or surrender any media device, to which he has access and/or control, to a search based on
 reasonable suspicion or contraband or evidence of a violation of a condition of supervision. A media device is defined as,
 but not limited to, any device which is capable of accessing the Internet, storing images, text, or other forms of electronic
 communication.
 (8) Must submit to substance abuse testing to determine if he has used a prohibited substance. Defendant must not
 attempt to obstruct or tamper with the testing methods.

                 Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 6 of 8 PAGEID #: 182
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 5 — Criminal Monetary Penalties
                                                                                                    Judgment — Page       6    of         8
 DEFENDANT: Kenneth Hawkins
 CASE NUMBER: 1:22-cr-31
                                               CRIMINAL MONETARY PENALTIES
      The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

                    Assessment            5HVWLWXWLRQ        )LQH                 $9$$$VVHVVPHQW             -97$$VVHVVPHQW
 TOTALS           $ 100.00                  $ 15,000.00            $                      $                           $


 G The determination of restitution is deferred until                     . An Amended Judgment in a Criminal Case (AO 245C) will be
      entered after such determination.

 G The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
      If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
      the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid
      before the United States is paid.

 Name of Payee                                                 Total Loss***              Restitution Ordered         Priority or Percentage
  “Sarah” from the “Marineland” series                                                                  $3,000.00             20%

  “Lily” from the “Vicky” series                                                                        $3,000.00             20%
  “Maureen” from the “Lighthouse” series                                                                $3,000.00             20%

  “Jenny” from the “Jenny” series                                                                       $3,000.00             20%

  “Pia” from the “Sweet White Sugar” series                                                             $3,000.00             20%




 TOTALS                               $                         0.00            $              15,000.00


 G     Restitution amount ordered pursuant to plea agreement $

 G     The defendant must pay interest on restitution and a fine 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 Sheet 6 may be subject
       to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

 ✔
 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
       G                                                       G fine    ✔ restitution.
                                                                         G
       G the interest requirement for the           G fine      G restitution is modified as follows:

 * Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
 ** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
 *** 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.

                 Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 7 of 8 PAGEID #: 183
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 6 — Schedule of Payments

                                                                                                               Judgment — Page      7      of      8
 DEFENDANT: Kenneth Hawkins
 CASE NUMBER: 1:22-cr-31

                                                        SCHEDULE OF PAYMENTS

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

 A    ✔ Lump sum payment of $ 15,100.00
      G                                                         due immediately, balance due

            G     not later than                                    , or
            ✔
            G     in accordance with G C,           G D,       G E, or         ✔ F below; or
                                                                               G
 B    G Payment to begin immediately (may be combined with                   G C,        G D, or       G F below); or
 C    G 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    G 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    G 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:
      G
             If Mr. Hawkins sells his home or other assets, the sale proceeds shall go toward satisfaction of the restitution
             obligation set forth above until that obligation is fully satisfied.




 Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
 the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
 Financial Responsibility Program, are made to the clerk of the court.

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



 G Joint and Several
      Case Number
      Defendant and Co-Defendant Names                                                     Joint and Several                Corresponding Payee,
      (including defendant number)                         Total Amount                         Amount                          if appropriate




 G The defendant shall pay the cost of prosecution.
 G 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:
 G
      1) Seagate Hard Drive serial number Q1108210D4T with power cord and USB.
      2) Seagate Hard Drive serial number Z294VHTS.

 Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
 (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
 prosecution and court costs.

                Case: 1:22-cr-00031-DRC Doc #: 35 Filed: 01/13/23 Page: 8 of 8 PAGEID #: 184
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
                       Sheet 6B — Schedule of Payments
                                                                            Judgment—Page   8   of   8
DEFENDANT: Kenneth Hawkins
CASE NUMBER: 1:22-cr-31

                                            ADDITIONAL FORFEITED PROPERTY
   3) Seagate Hard Drive serial number NA8TXKHZ with key and USB.
   4) Seagate Hard Drive serial number NAABEE5A with USB and power cord.
   5) Dell Desktop Optiplex 3010, serial number 70209953.
   6) Sandisk Ultra USB 3.0 serial number BM160925533B.

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