Judgment in a Criminal Case, Victor Torres — No. 1:20-cr-00087 (Dkt. 106, S.D. Ohio)

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A judgment in a criminal case, United States of America v. Victor Torres, Case Number 1:20-cr-87-3, in the U.S. District Court for the Southern District of Ohio, filed September 16, 2022 as Doc #: 106. Torres, represented by Louis Rubenstein, pleaded guilty to count 1, and Counts 2-5 are dismissed on the motion of the United States; judgment was imposed 9/16/2022 by Douglas R. Cole, U.S. District Judge. The sentence is 9 months of imprisonment followed by 3 years of supervised release, the first 180 days on home detention with GPS monitoring. The judgment orders a $100.00 assessment, defers the determination of restitution until 12/15/2022, and forfeits cellphones, computers, fraudulent and/or cloned payment cards, checks and identification cards, and $800.00 in United States Currency.

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Case: 1:20-cr-00087-DRC Doc #: 106 Filed: 09/16/22 Page: 1 of 8 PAGEID #: 673

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet |

UNITED STATES DISTRICT COURT

Southern District of Ohio

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
Vv. )
Case Number: 1:20-cr-87-3
Victor Torres USM Number: 73799-018
) Louis Rubenstein
) Defendant’s Attorney
THE DEFENDANT:
wv pleaded guilty to count(s) 1
L pleaded nolo contendere to count(s)
which was accepted by the court.
CL 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
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.
L] The defendant has been found not guilty on count(s)
MCount(s) 2-5 Ol is Mare dismissed on the motion of the United States.

_. Itis 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.

f 9/16/2022

Date of Imposition of Judgment/ |

Signature of Judge

Douglas R. Cole - U.S. District Judge

Name and Title of Judge

9/16/2022

Date
Case: 1:20-cr-00087-DRC Doc #: 106 Filed: 09/16/22 Page: 2 of 8 PAGEID #: 674

AO 245B (Rev. 09/19) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 2 of

DEFENDANT: Victor Torres
CASE NUMBER: | 1:20-cr-87-3

IMPRISONMENT

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

9 months

Wi The court makes the following recommendations to the Bureau of Prisons:

(1) That the Defendant be placed in a facility in the Southern District of Florida.
(2) That the Defendant participate in mental health treatment
L] The defendant is remanded to the custody of the United States Marshal.

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

O at [lam 0 pm. on

C1 as notified by the United States Marshal.

M1 The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

C1 before 2 p.m. on

[MW as notified by the United States Marshal.

L] 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: 1:20-cr-00087-DRC Doc #: 106 Filed: 09/16/22 Page: 3 of 8 PAGEID #: 675

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment—Page 3 of 8

DEFENDANT: _ Victor Torres
CASE NUMBER: | 1:20-cr-87-3

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of:

3 years

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.
. 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.
L] 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. Wf 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. M You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

CL] 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. CL] You must participate in an approved program for domestic violence. (check if applicable)

NOR

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: 1:20-cr-00087-DRC Doc #: 106 Filed: 09/16/22 Page: 4 of 8 PAGEID #: 676

AO 245B (Rev. 09/19) | Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment—Page 4 of 8

DEFENDANT: | Victor Torres
CASE NUMBER: 1:20-cr-87-3

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. Ifyou 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. Ifthe 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 USS. 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: 1:20-cr-00087-DRC Doc #: 106 Filed: 09/16/22 Page: 5 of 8 PAGEID #: 677

AO 245B (Rev. 09/19) | Judgment in a Criminal Case
Sheet 3D — Supervised Release

Judgment—Page 5 of 8

DEFENDANT: | Victor Torres
CASE NUMBER: 1:20-cr-87-3

SPECIAL CONDITIONS OF SUPERVISION

(1) Must spend the first 180 days on the home detention component of the location monitoring program. Defendant shall
be monitored by the use of GPS. Defendant shall abide by all of the requirements established by the probation office
related to the use of this location monitoring technology. Defendant shall pay all or part of the costs of location monitoring
based on his ability to pay as determined by the probation officer.

(2) Shall provide access to his financial information and not obtain any new credit or make any major purchases until his
financial obligations have been met in full, at the discretion of the probation officer.

(3) Must submit to substance abuse testing to determine if the defendant uses a prohibited substance. The defendant must
not attempt to obstruct or tamper with the testing methods.

(4) 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 provider, will supervise the defendant’s participation in the program
(provider, location, modality, duration, intensity, etc.).

(5) Must take all mental health medications prescribed by his treating physician. The defendant must pay for any costs
associated with the medication.
Case: 1:20-cr-00087-DRC Doc #: 106 Filed: 09/16/22 Page: 6 of 8 PAGEID #: 678
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page 6 of 8

DEFENDANT: Victor Torres
CASE NUMBER: 1:20-cr-87-3

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ TBD $ $ $

The determination of restitution is deferred until 12/15/2022 . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.

L] 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 pro ortioned 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).

(1 _ The court determined that the defendant does not have the ability to pay interest and it is ordered that:
(1 the interest requirement is waived forthe [J fine [1 restitution.

(1 the interest requirement forthe 1 fine (1 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: 1:20-cr-00087-DRC Doc #: 106 Filed: 09/16/22 Page: 7 of 8 PAGEID #: 679

AO 245B (Rev. 09/19) | Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 7 of 8

DEFENDANT: | Victor Torres
CASE NUMBER: § 1:20-cr-87-3

SCHEDULE OF PAYMENTS

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

A MM Lumpsum payment of$ 100.00 due immediately, balance due

C1 snot later than , or
LJ inaccordance with [] C, [J D, (J E,or LI F below; or

B- (1 Payment to begin immediately (may be combined with LIC, [L1D,or (CF below); or
C (1 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 (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 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 WM _ Special instructions regarding the payment of criminal monetary penalties:
While incarcerated, if the defendant is working in a non-UNICOR or grade 5 UNICOR job, the defendant shall pay $25.00 per
quarter toward the defendant's restitution obligation and special assessment. If working in a grade 1-4 UNICOR job, the
defendant shall pay 50% of the defendant’s monthly pay toward the defendant's special assessment and restitution obligation.
Any change in this schedule shall be made only by order of this Court. Within 60 days of the commencement of the term of
supervised release, the probation officer shall recommend a payment schedule to the Court to satisfy any unpaid balance of the
restitution and special assessment. The Court will enter an Order establishing a schedule of payments.

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.

(1 = Joint and Several

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

L] The defendant shall pay the cost of prosecution.
L] The defendant shall pay the following court cost(s):

V1 The defendant shall forfeit the defendant’s interest in the following property to the United States:
1) One Samsung Cellphone
2) One Sony Ericsson Cellphone

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.
e: 1:20-cr- 0008 7- DRC Doc #: 106 Filed: 09/16/22 Page: 8 of 8 PAGEID #: 680

Cas
AO 245B (Rev. 09/ jas Odenton in a Criminal Case
Sheet 6B — Schedule of Payments

Judgment—Page 8 of

DEFENDANT: Victor Torres
CASE NUMBER: 1:20-cr-87-3

ADDITIONAL FORFEITED PROPERTY

3) One Huawei cellphone
4) One T-Mobile HTC cellphone
5) Three Aclatel cellphones
6) On ZTE cellphone
7) One Android cellphone
8) One Palm cellphone
9) One Raspberry Pie computer with Samsung SD card 32 EVO
10) One HP laptop, serial no. CND6316QTT
1) One Acer Aspire One laptop computer, serial no. 12604632325
2) One Apple laptop computer
3) On Blue HP Pavillion G7-1158NR laptop computer, serial number CNF1321M86
4) On HP Onmni 100-5050 laptop computer, serial no. 3CRO430585
5) One Samsung SM-T113 tablet computer, serial no. R52KB1BHYYZ
6) One LG LG-V495 tablet computer

) Five USB sticks/drives
18) One WD My Passport hard drive
9) One Toshiba hard drive

0) Sixteen media disks (i.e., DVD’s, CD’s)

) One card reader
) One Samsung camera

3) Miscellaneous fraudulent and/or cloned payment cards, checks, and identification cards

4) $800.00 in United States Currency


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