Judgment in a Criminal Case — United States v. Jonathan Nguyen (Northern District of California, Document 36)

Summary

Judgment in a Criminal Case in the Northern District of California against Jonathan Nguyen (USDC Case Number CR-21-00084-001 CRB). It records a plea of guilty to count One of the Information, Possession of Child Pornography, with the offense ended 03/28/2019, and a date of imposition of judgment of 4/20/2022. The defendant is sentenced to probation for a term of 5 years, and the appearance bond is exonerated. The special instructions order a special assessment of $100 to the United States. The judgment lists property to be forfeited: One black HP Computer Tower, One Acer Computer Tower, and One Seagate external hard 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

Cite this document

“Judgment in a Criminal Case — United States v. Jonathan Nguyen (Northern District of California, Document 36).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-21-cr-00084-dkt-36-n-d-cal-c941a578b4/, SHA-256 32f05d22f4fdadc919d6384783e015f17fc965c5c0051fb2821c47300180a341.

Full text

Case 3:21-cr-00084-CRB Document 36 Filed 04/22/22 Page 1 of 7

AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case

UNITED STATES DISTRICT COURT
Northern District of California
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
Jonathan Nguyen ) USDC Case Number: CR-21-00084-001 CRB
) BOP Case Number: DCAN321CR00084-001
) USM Number: 36349-509
) Defendant’s Attorney: Hanni M. Fakhoury (Appointed)

THE DEFENDANT:
pleaded guilty to count: One of the Information
pleaded nolo contendere to count(s): __________ which was accepted by the court.
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
18 U.S.C. §§ 2252(a)(4)(B) Possession of Child Pornography 03/28/2019 1
and (b)(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(s) __________ is/are dismissed on the motion of the United States.

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.

4/20/2022
Date of Imposition of Judgment

Signature of Judge
The Honorable Charles R. Breyer
Senior United States District Judge
Name & Title of Judge

Date. April 22, 2022
Date
Case 3:21-cr-00084-CRB Document 36 Filed 04/22/22 Page 2 of 7

AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
DEFENDANT: Jonathan Nguyen Judgment - Page 2 of 7
CASE NUMBER: CR-21-00084-001 CRB

PROBATION
The defendant is hereby sentenced to probation for a term of: 5 years.

The appearance bond is hereby exonerated. Any cash bail plus interest shall be returned to the owner(s) listed on the Affidavit of Owner
of Cash Security form on file in the Clerk's Office.

MANDATORY CONDITIONS OF SUPERVISION
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.
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) You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5) 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 which
you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6) You must participate in an approved program for domestic violence. (check if applicable)
7) You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if
applicable)
8) You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
9) If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
10) You must notify the court of any material change in your economic circumstances that might affect your ability to pay
restitution, fines, or special assessments.

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 3:21-cr-00084-CRB Document 36 Filed 04/22/22 Page 3 of 7

AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
DEFENDANT: Jonathan Nguyen Judgment - Page 3 of 7
CASE NUMBER: CR-21-00084-001 CRB

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, 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
RELEASE, 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 follow the instructions of the probation officer related to the conditions of supervision.
5) You must answer truthfully the questions asked by your probation officer.
6) 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, for example), 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.
7) 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 these and the special conditions of your supervision that he or she observes in plain
view.
8) You must work at least part-time (defined as 20 hours per week) at a lawful type of employment unless excused from doing
so by the probation officer for schooling, training, community service or other acceptable activities. 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.
9) You must not communicate or interact with someone you know is engaged in criminal activity. You must not associate,
communicate, or interact with any person you know has been convicted of a felony, unless granted permission to do so by the
probation officer.
10) If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
11) The defendant shall not act as a confidential informant without first notifying the probation officer.
12) 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).

If the probation officer determines that you pose a risk to a third party, 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. (check if applicable)

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. I understand that the court may (1) revoke supervision, (2) extend the term of supervision,
and/or (3) modify the conditions of supervision upon a finding of a violation of probation or supervised release.

(Signed)
Defendant Date

U.S. Probation Officer/Designated Witness Date
Case 3:21-cr-00084-CRB Document 36 Filed 04/22/22 Page 4 of 7

AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
DEFENDANT: Jonathan Nguyen Judgment - Page 4 of 7
CASE NUMBER: CR-21-00084-001 CRB

SPECIAL CONDITIONS OF SUPERVISION

1. You must at all times either have full-time employment, full-time training for employment, or full-time
job search, or some combination thereof, unless otherwise excused by probation.

2. You must pay any restitution and special assessment that is imposed by this judgment and that remains
unpaid at the commencement of the term of supervised release.

3. You must participate in a mental health treatment program, as directed by the probation officer. You are
to pay part or all cost of this treatment, at an amount not to exceed the cost of treatment, as deemed
appropriate by the probation officer. Payments must never exceed the total cost of mental health
counseling. The actual co-payment schedule must be determined by the probation officer.

4. You must cooperate in the collection of DNA as directed by the probation officer.

5. You must submit your person, residence, office, vehicle, electronic devices and their data (including cell
phones, computers, and electronic storage media), or any property under your control to a search. Such a
search must be conducted by a United States Probation Officer or any federal, state or local law
enforcement officer at any time with or without suspicion. Failure to submit to such a search may be
grounds for revocation. You must warn any residents that the premises may be subject to searches.

6. You must not possess or use a computer or computer-related device without the prior approval on the
probation officer. "Computer or computer-related device" means any electronic device capable of
creating, accessing, storing, viewing, or transmitting material with visual depictions of sexually explicit
conduct. "Computer or computer-related device" includes (but is not limited to) desktop and tower
computers, laptop computers, smartphones, security cameras (such as "nanny cams" or cameras linked
to doorbells), USB or "thumb" drives, gaming platforms, compact discs, and external hard drives.

7. As directed by the probation officer, you must enroll in the probation office's Computer and Internet
Monitoring Program (CIMP) and must abide by the requirements of the CIMP program and the
Acceptable Use Contract.

8. You must not access the Internet or any "on-line computer service" at any location (including
employment) without the prior approval of the probation officer. "On-line services" include any Internet
service provider, or any other public or private computer network. As directed by the probation officer,
you must warn your employer of restrictions to your computer use.

9. You must consent to the probation officer conducting periodic unannounced examinations of your
computer equipment which may include retrieval and copying of all data from your computer(s) and any
peripheral device to ensure compliance with this condition, and/or removal of any such equipment for
Case 3:21-cr-00084-CRB Document 36 Filed 04/22/22 Page 5 of 7

AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
DEFENDANT: Jonathan Nguyen Judgment - Page 5 of 7
CASE NUMBER: CR-21-00084-001 CRB

the purpose of conducting more thorough inspection. You must also consent to the installation of any
hardware or software as directed by the probation officer to monitor your Internet use.

10. You must not possess or use any data encryption technique or program.

11. You must not possess, in any form, materials depicting child pornography, child erotica, or nude or
sexual depictions of any child; or any materials described at 18 U.S.C. § 2256(8).

12. You must not access, via the Internet or otherwise, any pornography or other materials depicting
sexually explicit conduct as defined at 18 U.S.C. § 2256(2), without the prior approval of the probation
officer.

13. Your employment must be approved by the Probation Officer, and any change in employment must be
pre-approved by the Probation Officer. You must submit the name and address of the proposed
employer to the Probation Officer at least 10 days prior to any scheduled change.

14. You must register with the state sex offender registration agency as required by state law. You must
provide proof of registration to the Probation Officer within three days of release from
imprisonment/placement on supervision. In any state that has adopted the requirements of the Sex
Offender Registration and Notification Act (42 USC sec. 16901 et seq.), you must also comply with all
such requirements as directed by the Probation Officer, the Bureau of Prisons, or any state sex offender
registration agency in which you reside, are a student, or were convicted of a qualifying offense.

15. You must participate in sex offender-specific treatment, as directed by the probation officer. You are to
pay part or all of the cost of this treatment, at an amount not to exceed the cost of treatment, as deemed
appropriate by the probation officer. The actual co-payment schedule must be determined by the
probation officer. The probation officer may release all previous mental health evaluations to the
treatment provider.

16. As part of the treatment program, you must submit to polygraph testing as recommended by the
treatment provider. However, you retain your Fifth Amendment right to refuse to answer questions
asked during the course of treatment absent a grant of use and derivative-use immunity.

17. As part of the treatment program, you must submit to psychological testing as recommended by the
treatment provider.
Case 3:21-cr-00084-CRB Document 36 Filed 04/22/22 Page 6 of 7

AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
DEFENDANT: Jonathan Nguyen Judgment - Page 6 of 7
CASE NUMBER: CR-21-00084-001 CRB

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments.

Assessment Fine Restitution AVAA JVTA
Assessment* Assessment**
TOTALS $100 Waived To Be Determined N/A Waived

The determination of restitution is deferred until the parties reach an agreement within 90 days of sentencing. An Amended
Judgment in a Criminal Case (AO 245C) will be entered after such determination.

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

TOTALS $ 0.00 $ 0.00

Restitution amount ordered pursuant to plea agreement $ __________
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).
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 is waived for the fine/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 3:21-cr-00084-CRB Document 36 Filed 04/22/22 Page 7 of 7

AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case
DEFENDANT: Jonathan Nguyen Judgment - Page 7 of 7
CASE NUMBER: CR-21-00084-001 CRB

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 _____________________ due immediately, balance due

not later than __________ , or
in accordance with C, D, or E, and/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 further ordered that the defendant shall pay to the United States a special assessment of $100 pursuant to 18
U.S.C. § 3013. Payments shall be made to the Clerk of U.S. District Court, 450 Golden Gate Ave., Box 36060, San
Francisco, CA 94102.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during 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.

Joint and Several

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

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: One black HP Computer
Tower One Acer Computer Tower, and One Seagate external hard drive.

The Court gives notice that this case involves other defendants who may be held jointly and severally liable for payment of all
or part of the restitution ordered herein and may order such payment in the future, but such future orders do not affect the
defendant’s responsibility for the full amount of the restitution ordered.


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.

File and source

File: 36.pdf
Size: 225,727 bytes
SHA-256: 32f05d22f4fdadc919d6384783e015f17fc965c5c0051fb2821c47300180a341
Our copy: 36.pdf
Original: No public link identified.