Petition for Action on Supervised Release — U.S.A. vs. Kente Miller (Dkt. 3, E.D.N.C.)

Summary

U.S. Probation Officer Michael Torres petitioned the U.S. District Court for the Eastern District of North Carolina to modify the supervised release of Kente Miller, Case 5:22-cr-00107-D, filed as Document 3 on 10/17/22. Miller pleaded guilty to Failure to Register as a Sex Offender under 18 U.S.C. § 2250(a) and was sentenced on July 19, 2021 by U.S. District Judge Douglas Harpool to 18 months in custody and 120 months of supervised release, which began on February 25, 2022; jurisdiction was transferred from the Western District of Missouri on May 11, 2022. To let Miller use a smartphone, the petition asks the court to add conditions allowing searches and monitoring of computers and phones and barring encryption programs, counter-forensic tools and pornographic material. Miller signed a Waiver of Hearing, and the petition was executed on October 14, 2022.

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Full text

UNITED STATES DISTRICT COURT
for the
EASTERN DISTRICT OF NORTH CAROLINA

· U.S.A. vS: Kente Miller Docket No. 5:22-CR-107-lD

Petition for Action on Supervised Release
\

COMES NOW Michael Torres, U.S. Probation Officer of the court, presenting a petition for modification
of the Judgment and Commitment Order of Kente Miller, who, upon an earlier plea of guilty to Failure to
Register as a Sex Offender, in violation of 18 U.S.C. § 2250(a), was sentenced by the Honorable Douglas
Harpool, U.S. District Judge, on July 19, 2021, to the custody of the Bureau of Prisons for a term of 18
months. It was further ordered that upon release from imprisonment the defendant be placed on supervised
release for a period of 120 months. Kente Miller was released from custody on February 25, 2022, at which
time the term of supervised release conn_nenced. ,

On May 11, 2022, Transfer of Jurisdiction from the Western District of Missouri to the Eastern District of
North Carolina was completed.

On September 15, 2022, A Violation Report was filed as the defendant failed to attend a required polygraph
examination. The defendant was verbally reprimanded and instructed to attend his next scheduled polygraph
without fail. The· Court agreed to continue the defendant on supervision. He completed his polygraph
examination on October 12, 2022.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
FOLLOWS: To allow the defendant to use a smartphone device and a4dress the defendant's risk of viewing
pornographic material, this officer is requesting the Court add additional special conditions of supervised
release. To his credit, the defendant has been clean and sober since beginning supervision, he has been
gainfully employed, and he has attended his counseling sessions as instructed. The defendant signed a
Waiver of Hearing agreeing to the proposed modification of supervision.

PRAYING THAT THE COURT WILL ORDER that supervised release be modified as follows:

1. To ensure compliance with supervision, the defendant shall submit to unannounced searches of any
computer or computer equipment (including mobile phones, tablets, and data storage devices) which
may include the use of computer monitoring technology, computer search or analysis software, and
copying of all data from the device and external peripherals. Such examination may require the
removal of devices from the defendant's possession for the purpose of conducting a thorough
inspection.

2. At the direction of the U.S. Probation Officer, the defendant shall consent to the installation of
systems or software that will allow the probation officer or designee to monitor computer use on
any computer that the defendant owns or is authorized to use. The defendant shall pay the costs of
this monitoring.

3. The defendant shall not use, possess, or control any computer-based counter for~nsic tools. The
defendant shall not use or have installed any programs specifically and solely designed to encrypt
data, files, folders, or volumes of any media. The defendant shall, upon request, immediately provide
the U.S. Probation Officer with any and all passwords required to access data compressed or
encrypted for storage by any software.

Case 5:22-cr-00107-D Document 3 Filed 10/17/22 Page 1 of 2
Kente Miller
Docket No. 5:22-CR-107-1D
Petition For Action
Page2

I
·4. The defendant shall not possess any legal or illegal pornographic material, including any materials
depicting and/or describing "child pornography" and/or "simulated" child pornography as defined
in 18 U.S.C. § 2256, nor shall the defendant enter any location where such materials can be accessed,
obtained, or viewed, including pictures, photographs, books, writings, drawings, videos, or video
games.

5. The defendant shall not use, purchase, possess, or otherwise obtain any computer of electronic
device that can be linked to any computer networks, bulleting boards, internet service providers, or
exchange formats involving computer unless approved by the U.S. Probation Officer.

Except as herein modified, the judgment shall remain in full force and effect.

Reviewed and approved, I declare under penalty of perjury that the foregoing
is true and correct.

/s/ David W. Leake /s/ Michael Torres
David W. Leake Michael Torres
Supervising U.S. Probation Officer U.S. Probation Officer
150 Rowan Street Suite 110
Fayetteville, NC 28301
Phone: 910-354-2534
,
Executed On: October 14, 2022

ORDER OF THE COURT

Considered and ordered this I-, day of (0 cb~ , 2022, and ordered filed and
made a part of the records in the above case.

Jame C. Dever III
U.S. District Judge

Case 5:22-cr-00107-D Document 3 Filed 10/17/22 Page 2 of 2

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