Judgment — United States v. Gilbert Anthony Hernandez (Central District of California, Document 43)

Summary

This Judgment & Probation/Commitment Order, Docket No. EDCR22-00279-JGB-1, commits defendant Gilbert Anthony Hernandez on Count Two of the two-count Indictment to the custody of the Bureau of Prisons for a term of 120 months, followed by supervised release for a term of Life. The special conditions include mental health treatment, computer monitoring, a requirement to register as a sex offender, a search condition, and six months in a residential reentry center. The Court recommends that the Bureau of Prisons conduct a mental health evaluation. The remaining count is dismissed in the interest of justice. The order is dated February 5, 2025, over the name of U. S. District Judge Jesus G. Bernal.

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“Judgment — United States v. Gilbert Anthony Hernandez (Central District of California, Document 43).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-22-cr-00279-dkt-43-c-d-cal-60f8bd4231/, SHA-256 1d701574d45b00dcfdf0ce4a914454c550ea27b92ce588cb87ff63a287e1ea1e.

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Case 5:22-cr-00279-JGB Document 43 Filed 02/05/25 Page 1 of 8 Page ID #:279
Case 5:22-cr-00279-JGB Document 43 Filed 02/05/25 Page 2 of 8 Page ID #:280

USA vs. GILBERT ANTHONY HERNANDEZ Docket No.: EDCR22-00279-JGB-1

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all
necessary treatment.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Gilbert Anthony
Hernandez, is hereby committed on Count Two of the two-count Indictment to the custody of the Bureau of Prisons for
a term of 120 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of Life under the
following terms and conditions:

1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services
Office and Second Amended General Order 20-04, including the conditions of probation and supervised
release set forth in Section III of Second Amended General Order 20-04.

2. During the period of community supervision, the defendant shall pay the special assessment and restitution
in accordance with this judgment's orders pertaining to such payment.

3. The defendant shall cooperate in the collection of a DNA sample from the defendant.

4. 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 custody and at least two periodic drug tests thereafter, not to
exceed eight tests per month, as directed by the Probation Officer.

5. The defendant shall participate in mental health treatment, which may include evaluation and counseling,
until discharged from the program by the treatment provider, with the approval of the Probation Officer.

6. The defendant shall possess and use only those digital devices, screen usernames, email accounts, social
media accounts, messaging applications, and cloud storage accounts, as well as any passwords or passcodes
for all such digital devices and accounts, that have been disclosed to the Probation Officer upon
commencement of supervision. Any new devices, accounts, applications, passwords, or passcodes are to be
disclosed to the Probation Officer prior to the first use. A digital device is any electronic system or device
that can access, view, obtain, store, or transmit visual depictions of sexually explicit conduct involving
children.

7. All computers, computer-related devices, and their peripheral equipment, used by the defendant shall be
subject to search, seizure and computer monitoring. This shall not apply to items used at the employment
site that are maintained and monitored by the employer.

8. The defendant shall comply with the rules and regulations of the Computer Monitoring Program.
The defendant shall pay the cost of the Computer Monitoring Program.

9. The defendant is prohibited from using and/or accessing Kik or Mega applications. All other messaging or
could storage applications accessed and/or used require prior approval by the Probation Officer.

10. Within three (3) days of release from prison, the defendant shall register as a sex offender, and keep the
registration current, in each jurisdiction where the defendant resides, is employed and is a student, pursuant
to the registration procedures that have been established in each jurisdiction. When registering for the first
time, the defendant shall also register in the jurisdiction in which the conviction occurred if different from

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USA vs. GILBERT ANTHONY HERNANDEZ Docket No.: EDCR22-00279-JGB-1

the defendant's jurisdiction of residence. The defendant shall provide proof of registration to the Probation
Officer within 48 hours of registration.

11. The defendant shall not view or possess any materials, including pictures, photographs, books, writings,
drawings, videos, or video games, depicting or describing child pornography, as defined in 18 U.S.C.
§2256(8), or sexually explicit conduct depicting minors, as defined at 18 U.S.C. §2256(2). This condition
does not prohibit the defendant from possessing materials solely because they are necessary to, and used for,
a collateral attack, nor does it prohibit the defendant from possessing materials prepared and used for the
purposes of the defendant's Court-mandated sex offender treatment when the defendant's treatment provider
or the probation officer has approved of the defendant's possession of the material in advance.

12. The defendant shall participate in a psychological counseling or psychiatric treatment or a sex offender
treatment program, or any combination thereof as approved and directed by the Probation Officer. The
defendant shall abide by all rules, requirements, and conditions of such program, including submission to
risk assessment evaluations and physiological testing, such as polygraph and Abel testing. The defendant
retains the right to invoke the Fifth Amendment. The Court authorizes the Probation Officer to disclose the
Presentence Report, and any previous mental health evaluations or reports, to the treatment provider. The
treatment provider may provide information (excluding the Presentence report), to State or local social
service agencies (such as the State of California, Department of Social Service), for the purpose of the
client's rehabilitation.

13. The defendant shall participate in an evaluation by a trained professional, approved by the Probation Office,
to assess the defendant's risk to the community as a sex offender. The evaluation may include physiological
testing, such as polygraph and Abel testing. The Court authorizes the Probation Officer to disclose the
Presentence Report, and any previous mental health evaluations or reports, to the evaluation provider. As
directed by the Probation Officer, the defendant shall pay all or part of the costs of the sex offender risk
evaluation to the aftercare contractor during the period of community supervision. The defendant shall
provide payment and proof of payment as directed by the Probation Officer. If the defendant has no ability
to pay, no payment shall be required.

14. The defendant shall not own, use or have access to the services of any commercial mail-receiving agency,
nor shall the defendant open or maintain a post office box, without the prior written approval of the
Probation Officer.

15. The defendant shall not enter, or loiter, within 100 feet of school yards, parks, public swimming pools,
playgrounds, youth centers, video arcade facilities, amusement and theme parks, or other places primarily
used by persons under the age of 18, without the prior written authorization of the Probation Officer.

16. The defendant shall not associate or have verbal, written, telephonic, or electronic communication with any
person under the age of 18, except: (a) in the presence of the parent or legal guardian of said minor; and (b)
on the condition that the defendant notify said parent or legal guardian of the defendant's conviction in the
instant offense/prior offense. This provision does not encompass persons under the age of 18, such as
waiters, cashiers, ticket vendors, etc., whom the defendant must interact with in order to obtain ordinary and
usual commercial services.

17. The defendant shall not contact the victim(s), or family members of victim(s), by any means, including in
person, by mail or electronic means, or via third parties. Further, the defendant shall remain at least 100
yards from the victim(s) at all times. If any contact occurs, the defendant shall immediately leave the area
of contact and report the contact to the Probation Officer.

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USA vs. GILBERT ANTHONY HERNANDEZ Docket No.: EDCR22-00279-JGB-1

18. The defendant shall not affiliate with, own, control, volunteer or be employed in any capacity by a business
or organization that causes the defendant to regularly contact persons under the age of 18.

19. The defendant shall not affiliate with, own, control, volunteer or be employed in any capacity by a business
whose principal product is the production or selling of materials depicting or describing "sexually explicit
conduct," as defined at 18 U.S.C. § 2256(2).

20. The defendant's employment shall be approved by the Probation Officer, and any change in employment
must be pre-approved by the Probation Officer. The defendant shall submit the name and address of the
proposed employer to the Probation Officer at least ten (10) days prior to any scheduled change.

21. The defendant shall not reside within direct view of school yards, parks, public swimming pools,
playgrounds, youth centers, video arcade facilities, or other places primarily used by persons under the age
of 18. The defendant's residence shall be approved by the Probation Officer, and any change in residence
must be pre-approved by the Probation Officer. The defendant shall submit the address of the proposed
residence to the Probation Officer at least ten days prior to any scheduled move.

22. The defendant shall submit to a search, at any time, with or without warrant, and by any law enforcement or
probation officer, of the defendant's person and any property, house, residence, vehicle, papers, computers,
cell phones, other electronic communication or data storage devices or media, email accounts, social media
accounts, cloud storage accounts, effects and other areas under the defendant's control, upon reasonable
suspicion concerning a violation of a condition of supervision or unlawful conduct by the defendant, or by
any probation officer in the lawful discharge of the officer's supervision functions.

23. The defendant shall not view or possess any materials, including pictures, photographs, books, writings,
drawings, videos, or video games, depicting or describing child erotica, which is defined as a person under
the age of 18 in partial or complete state of nudity, in sexually provocative poses, viewed for the purpose of
sexual arousal.

24. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance,
judgments and any other financial gains to the Court-ordered financial obligation.

25. The defendant shall reside for a period of six months in a residential reentry center (community corrections
component), as directed by the Probation Officer, and shall observe the rules of that facility.

Remaining count is dismissed in the interest of justice.

Defendant was informed of his right to appeal.

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USA vs. GILBERT ANTHONY HERNANDEZ Docket No.: EDCR22-00279-JGB-1

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions
of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of
supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the
maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the
supervision period.

February 5, 2025
Date Jesus G. Bernal, U. S. District Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

February 5, 2025 By
Filed Date Maynor Galvez, Deputy Clerk

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USA vs. GILBERT ANTHONY HERNANDEZ Docket No.: EDCR22-00279-JGB-1

The defendant must comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:
1. The defendant must not commit another federal, 9. The defendant must not knowingly associate with
state, or local crime; any persons engaged in criminal activity and must
2. The defendant must report to the probation office in not knowingly associate with any person convicted
the federal judicial district of residence within 72 of a felony unless granted permission to do so by
hours of imposition of a sentence of probation or the probation officer. This condition will not apply
release from imprisonment, unless otherwise to intimate family members, unless the court has
directed by the probation officer; completed an individualized review and has
3. The defendant must report to the probation office as determined that the restriction is necessary for
instructed by the court or probation officer; protection of the community or rehabilitation;
4. The defendant must not knowingly leave the 10. The defendant must refrain from excessive use of
judicial district without first receiving the alcohol and must not purchase, possess, use,
permission of the court or probation officer; distribute, or administer any narcotic or other
5. The defendant must answer truthfully the inquiries controlled substance, or any paraphernalia related
of the probation officer, unless legitimately to such substances, except as prescribed by a
asserting his or her Fifth Amendment right against physician;
self-incrimination as to new criminal conduct; 11. The defendant must notify the probation officer
6. The defendant must reside at a location approved by within 72 hours of being arrested or questioned by
the probation officer and must notify the probation a law enforcement officer;
officer at least 10 days before any anticipated 12. For felony cases, the defendant must not possess a
change or within 72 hours of an unanticipated firearm, ammunition, destructive device, or any
change in residence or persons living in defendant’s other dangerous weapon;
residence; 13. The defendant must not act or enter into any
7. The defendant must permit the probation officer to agreement with a law enforcement agency to act as
contact him or her at any time at home or elsewhere an informant or source without the permission of
and must permit confiscation of any contraband the court;
prohibited by law or the terms of supervision and 14. The defendant must follow the instructions of the
observed in plain view by the probation officer; probation officer to implement the orders of the
8. The defendant must work at a lawful occupation court, afford adequate deterrence from criminal
unless excused by the probation officer for conduct, protect the public from further crimes of
schooling, training, or other acceptable reasons and the defendant; and provide the defendant with
must notify the probation officer at least ten days needed educational or vocational training, medical
before any change in employment or within 72 care, or other correctional treatment in the most
hours of an unanticipated change; effective manner.

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USA vs. GILBERT ANTHONY HERNANDEZ Docket No.: EDCR22-00279-JGB-1

X The defendant must also comply with the following special conditions (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
must be delivered to:

United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012

or such other address as the Court may in future direct.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.

The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).

The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).

Payments will be applied in the following order:

1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.

CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS

As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement,
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan
or open any line of credit without prior approval of the Probation Officer.

When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.

The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

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USA vs. GILBERT ANTHONY HERNANDEZ Docket No.: EDCR22-00279-JGB-1

RETURN

I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By
Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court

By
Filed Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

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

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

(Signed)
Defendant Date

U. S. Probation Officer/Designated Witness Date

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