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AO 245C

(Rev. 09/11) Amended Judgment in a Criminal Case
Sheet 1

(NOTE: IdentifY Changes with Asterisks (.»

UNITED STATES DISTRICT COURT


WESTERN

District of

ARKANSAS

UNITED STATES OF AMERICA

v.

DAVID BYRON THOMPSON

Date of Original Judgment: July 16,2012
(Or Date of Last Amended Judgment)
Reason for Amendment:
D Correction of Sentence on Remand (18 U.S.C. 3742(t)(1) and (2»
X Reduction of Sentence for Changed Circumstances (Fed. R. Crim.

P.35(b»
Correction of Sentence by Sentencing Court (Fed. R. Crim. P. 35(a))

D Correction ofSentence for Clerical Mistake (Fed. R. Crim. P. 36)

AMENDED JUDGMENT IN A CRIMINAL CASE

Case Number:
USMNumber:
Jack Schisler
Defendant's Attorney

3:11CR30009-001
10677-010

Modification of Supervision Conditions (18 U.S.C. §§ 3563(c) or 3583(e»
Modification of Imposed Term of Imprisonment for Extraordinary and
Compelling Reasons (18 U.S.c. § 3582(c)(I»

D Modification oflmposed Term of Imprisonment for Retroactive Amendment(s)

to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2»

D Direct Motion to District Court Pursuant D 28 U.S.c. § 2255 or

18 U.S.c. § 3559(e)(7)

Modification of Restitution Order (18 U.S.C. § 3664)

THE DEFENDANT:
X pleaded guilty to count(s) Two (2) of the Indictment on January 25,2012
o pleaded nolo contendere to count(s)

which was accepted by the court.

D was found guilty on count(s)

after a plea ofnot guilty.

The defendant is adjudicated guilty of these offenses:
Title & Section

Nature of Offense

Offense Ended

18 U.S.C. § 2252(a)(2)

Distribution of Visual Depictions of Child Pornography

12116/2010

2

The defendant is sentenced as provided in pages __=.2..:;thr=0.::uagh=6__ ofthis judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.

The defendant has been found not guilty on count(s)

X Count(s)

One (1) of the Indictment

X is D 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 ofany change ofname, 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 ofmaterial changes in economIC circumstances.

July 30, 2013
Date ofImposition of Judgment

lSI Jimm Larry Hendren
Signature of Judge
Honorable Jimm Larry Hendren, United States District Judge
Name and Title of Judge

July 30,2013
Date

- - - - - - - - - - - - -_...._-_.­

AO 245C

(Rev. 0911 I) Amended Judgment in a Criminal Ca.~e
Sheet 2 -

Imprisonment

DEFENDANT:
CASE NUMBER:

DAVID BYRON THOMPSON
3: II CR30009-001

IMPRISONMENT

(NOTE: Identify Changes with Asterisks {*}}

Judgment - Page

2

of

6

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a

total term of:

one hundred twenty-one (121) months*

D

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

X

D

D

The defendant is remanded to the custody of the United States MarshaL

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

D
D

at

D

a.m.

D p.m.

on

as notified by the United States Marshal.

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

D

D

before 2 p.m. on

as notified by the United States Marshal.

as notified by the Probation or Pretrial Services Office.

I have executed this judgment as follows:

RETURN

Defendant delivered on

______________________________ ro

at _______________ with a certified copy of this judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

AO 245C

(Rev. 0911 !) Amended Judgment in a Criminal Case
Sheet 3 - Supervised Release

DEFENDANT:
CASE NUMBER:

DAVID BYRON THOMPSON
3 : 11 CR30009-00 1

SUPERVISED RELEASE

(NOTE: IdentifY Changes with Asterisks (*»

Judgment Page __3_ of

6

Upon release from imprisonment, the defendant shall be on supervised release for a term of:
shall commence immediately upon his release from imprisonment, and which shall be served under the following conditions:.

thirty (30) years

which term

1. Within 72 hours ofrelease from custody ofthe Bureau ofPrisons, the defendant must report to the probation office in the district to which
the defendant is released.
2. The defendant shall not commit another federall state, or local crime; the defendant shall be prohibited from possessing any firearm
or other dangerous device; and the defendant shah not use, possess, or nave anything at all to do with any controlled substance.

3. The defendant shall be required to comply with the mandatory drug testing provisions of 18 U.S.C. § 3583(d).

4. The defendant shall comply with the DNA collection provisions of 18 U.S.C. § 3583(d).

5. The defendant shall comply with the mandatory sex offender registration as required by state and federal law.

6. If this judgment imposes a fme or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule ofPayments sheet ofthis judgment.
7. The defendant shall comply with the Standard Conditions of Supervised Release as recommended by the United States Sentencing
Commission and as set out below on this page of the judgment, as wen as any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1)

2)

3)

4)

5)

6)

7)

8)

9)

10)

11)

12)

13)

the defendant shall not leave the judicial district without the permission of the court or probation officer;
the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;
the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions ofthe probation officer;
the defendant shall support his or her dependents and meet other family responsibilities;
the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;
the defendant shall notifY the probation officer at least ten days prior to any change in residence or employment;
the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled suostances, except as prescribed by a physician;
the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;
the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view of the probation officer;
the defendant shall notifY the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement officer;
the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the
permission ofthe court; and
as directed by the probation officer, the defendant shall notifY third parties ofrisks that may be occasioned by the defendant's criminal
record1 personal hIstOry, or characteristics and shall permit the probation officer to make such notifications and confirm the defendant's
comphance with such notification requirement.

AO 245C

(Rev. 09/11) Amended Judgment in a Criminal Case

Sheet 3C - Supervised Release

DEFENDANT:
CASE NUMBER:

DAVID BYRON THOMPSON
3:IICR30009-001

(NOTE: Identify Changes with Asterisks (.»


Judgment-Page

4

of

6

SPECIAL CONDITIONS OF SUPERVISION


1.

2.

3.

4.

5.

If deemed necessary, the defendant shall submit to any means utilized by the U.S. Probation Officer to track his
whereabouts or location at any time.

The defendant shall have no unsupervised contact with minors. If there is a concern about the contact, then the
defendant shall obtain approval from the U.S. Probation Officer before any such contact.

The defendant shall submit to inpatient or outpatient mental health evaluation, counseling, testing and/or treatment,
all with emphasis on sex offender treatment, as deemed necessary and directed by the U.S. Probation Officer.

Except for purposes of employment, the defendant shall not possess, use, or have access to a computer or any other
electronic deVice that has mternet capabilities, without prior written approval of the U.S. Probation Officer.

The defendant shall submit his person, residence, place of employment, vehicle, papers, computer, other electronic
communication or data storage devices or media, and effects to a search conducted by the United States Probation
Officer at a reasonable time and in a reasonable manner based upon reasonable suspicion of evidence of violation of
any condition of supervised release might be thereby disclosed.

AO 245C

(Rev. 09/11) Amended Judgment in a Criminal Case

Sheet 5 Criminal Monetary Penalties

DEFENDANT:
CASE NUMBER:

DAVID BYRON THOMPSON
3: 11 CR30009-00 1

(NOTE: Identify Changes with Asterisks (*»


Judgment - Page

5

of _---i6~__

CRIMINAL MONETARY PENALTIES

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

TOTALS

Assessment

$ 100.00

Fine

$ 17,500.00

Restitution

$ -0­

o The determination of restitution is deferred until

entered after such determination.

---

. An Amended Judgment in a Criminal Case (AO 245C) will be

o The defendant shall 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 paYIllent, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paId.

Name of Payee

Total Loss

Restitution Ordered

Priority or Percentaee

TOTALS

$_------­

$

o Restitution amount ordered pursuant to plea agreement $ _________
o 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).

X 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 X

X
o the interest requirement for the

0

fme

fine o restitution.
o restitution is modified as follows:

Findings for the total amount oflosses are required under Chapters 109A, 110, 11 OA, and 113A ofTitle 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

- - - ......... _ .


AO 245C

(Rev. 09111) Amended Judgment in a Criminal Case

Sheet 6 - Schedule of Payments

DEFENDANT:
CASE NUMBER:

OA VID BYRON THOMPSON
3:11CR30009-001

(NOTE: IdentifY Changes with Asterisks ("))


Judgment - Page

6

of

6

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A X Lump sum payment of$

17,600.00

due immediately, balance due

o not later than
X

in accordance with 0 C, o 0, 0 E,or X Fbelow; or


, or


B 0 Payment to begin immediately (may be combined with
c 0 Payment in equal

_____ (e.g., months or years), to commence

0 C,

00, or

0 F below); or

(e.g., weekly, monthly, quarterly) installments of $

over a period of

(e.g., 30 or 60 days) after the date of this judgment; or

D

0 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

0 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 X Special instructions regarding the payment of criminal monetary penalties:

If not paid immediately, any unpaid financial penalty imposed shall be paid during the period of imprisonment at a rate of not less
than $25.00 quarterly, or 10% of the defendant's quarterly earnings, wliichever is greater. After imprisonment, anx unpaid
financial penal~ shall become a special condition of supervised release and may be paid in monthly installments of $200.00 or
10% of tile defendant's net monthly household income, whichever is greater, WIth the entire balance to be paid in full one month
prior to the end ofthe 30-year period of supervised release.

Unless the court has expressly ordered otherwise, ifthis judgment imposes imprisonment, payment ofcriminal 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.

o Joint and Several

Oefend~t and C<:>-Oefendant Names and Case Numbers (including defendant number), Joint and Several Amount, and corresponding
payee, If appropnate.

o The defendant shall pay the cost of prosecution.
o The defendant shall pay the following court cost(s):
o The defendant shall forfeit the defendant's interest in the following property to the United States:

Payt!lents shall be applied in the following order: (l) assessment, (2) restitution principal, (3) restitution interest (4) fine principal
(5J fme interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.
'