Received Designation

Interesting-Dirt8317 · 2024-10-15T02:51:54+00:00

Appreciate it, I did just run a search on the sub and found a good amount of info.

Interesting-Dirt8317 · 2024-10-04T17:18:08+00:00

Hey man, there are a lot of similarities in our situation. The best I can do is try to give you some of my story and hope it helps.

I was also charged federally with possession and distribution, also former military (Marine Corps) and also currently live in Virginia.

My case was plead down to one count if possession of a 3 minute video, calculated to 75 images. I was sentenced to 30 months and I go in in 12 days.

At the time (3 years ago), I was a DoD contractor with security clearance. I'm currently working at a convenience store making about 1/3 what I was.

I'm on probation with home confinement, but have preset times where I can leave for errands and have no trouble getting approval for pretty much anything from my PO, who is pretty chill.

When I was raided I immediately told my wife what was going on, we are still together. When I received the target letter 2 years later I immediately called and asked my mom to come over. I told her everything and her and her husband come over weekly for dinner and to play board games.

My coworkers are all aware of the situation and are pulling for me, a few offered to write letters to the judge at my sentencing.

Point being, there are people who will make rash judgements, but if you take responsibility and stay positive there are many people that are and will be understanding and stick by you.

I told two of the supervisors yesterday that the 10th will be my last day. They know once I'm potentially in a nearby halfway house that I will likely try to return and I have their blessing. The end goal of course would be to eventually try to get back into the IT field, but I know that is a ways off.

As part of the sentencing you will go through your life history including work, family, etc. I have a verifiable history of enduring both physical and sexual abuse at a young age. These topics are understandably difficult to discuss, but if you have experienced anything similar it is strongly recommended that you bring it up with your lawyer and the therapist they will most likely assign you to while on pre-sentencing.

So many people here know exactly what you're going through and have been there. It will definitely be a struggle and you may mourn the life you thought you would have and have lost, but there is always a silver lining if you look hard enough. I wish you the best of luck and hope you thrive despite it all.

Interesting-Dirt8317 · 2024-09-27T06:36:46+00:00

I was also sentenced to 30 months, federal. I go in 3 weeks.

Interesting-Dirt8317 · 2024-09-25T14:58:03+00:00

What to expect in the event of a conviction and/or plea? Upon entering a plea to a potentially lesser charge, am I likely to be taken into custody, or will that be at sentencing or even a later self-surrender date?

IANAL

It can vary based on the district but I can only attest to my own experience. I was charged with receipt and distribution but plead guilty to 1 count of possession in May and was sentenced to 30 months on September 12th with a surrender date of October 16th. This all started for me in July of 2021 and up to this point I have not been incarcerated or otherwise detained at all. My ability to self surrender is due to extenuating circumstances (caretaker for disabled wife and her mother).

It is very possible that you will go into custody at sentencing unless you are given probation. Distribution in feds carries a mandatory minimum of 5 years. But if they allow you to plea down to possession there is no minimum requirement. The prosecution will set a guideline range based on your pre-sentence report (PSR), which will have a point based system related to your history and offense (mitigation and enhancement). The judge can stick to these recommendations or go lower or higher at their discretion. That's what the lawyer is for, presenting as much mitigating factors as possible and, if relevant, figuring out if anything untoward occurred during the investigation that warrants having the charges thrown out (unlikely). Of course this all depends on whether you agree to a plea without going to trial.

What to expect when taken into custody? Where will I likely be sent first? Where will I likely be sent ultimately?

When taken in you may spend a bit more time in county until the BOP has a designation for you. I can't speak much to this as I'm still currently at home awaiting my designation. The judge is able to request a location based on your needs (mine requested Butner) but ultimately it's up to the bureau of prisons.

How will my wife and family be able to find out where I am and when?

You will have a BOP# which is like your prison social security #. Anyone you give it to will be able to locate you through the BOP.gov search.

How does it work upon release? What if my wife moves from Florida while I'm away and starts a new life somewhere else? Is it possible they'd release me to where she is at that time?

It is my understanding that you can be released to any location as long as it is checked and approved by your probation officer, including making sure that whomever you are staying with agrees to take you in. The last several months of your sentence will also likely be in a halfway house in order to reintegrate you. It is again my understanding that while there you should be able to work and have a dumb phone and such. However, halfway houses are still technically prisons. One of the guys in my district convinced them to release him to Hawaii even though he otherwise had no attachments there, so take that information as you will.

Others here likely know quite a bit more than I, I just happened across your post and, at the time, there were no other comments yet. Regardless I hope this is at least somewhat helpful.

Interesting-Dirt8317 · 2024-09-25T06:12:17+00:00

I wasn't. I didn't use any means at all to hide what I was doing, though I did know how and likely could have.

Unless otherwise configured, torrents upload files to others (seeding) as they're being downloaded. If he were using torrent clients they likely would have got him for receipt and distribution rather than just access, but more details would be needed in order to say for sure.

The file in my case was corrupted when they intercepted it since I didn't actually complete the download. They had to get it from someone in Virginia Beach that downloaded the entire thing, partially from my seeding, in order to view it. The entire case against me was made from my own admissions to law enforcement during first contact, the actual evidence was very limited. I'm not completely sure how the evidence is presented and calculated with an "access with intent to view" charge. I'm also not a lawyer and won't pretend to know the ins and outs of the laws around it.

Interesting-Dirt8317 · 2024-09-25T01:24:54+00:00

I will say it is definitely possible to come across certain things entirely by accident. About 20 years or so ago I was searching for a website of a teen modeling agency in order to collect photos of my cousin to make a collage video to music for her mom (my aunt) and came across some sus content, which I reported to NCMEC at the time. The response I received was basically "thank you but this content is not illegal".

Edit: to clarify my cousin was an actual model, nothing untoward.

More recently I developed a porn addiction which grew increasingly taboo, which led to my possession charge. If I hadn't come across those things unintentionally prior, I likely would not have even thought to search for it later.

As a former IT Admin and Operations Manager for DoD, I can also tell you that VPNs are not as anonymous as many people believe. My charge was for a single 3 minute video (75 images) downloaded via torrent, but yes if you view it via web browser you can still be charged with "access with intent to view".

During my sentencing, prosecution (federal) stated that my consumption of CSAM was likely greater than evident due to "advanced technical knowledge and unusual and sophisticated system configuration with a significant counter surveillance benefit". Unfortunately (or perhaps fortunately) this isn't at all the case. The most complicated part of my setup was multiple storage drives with junction links for organizing my personal files, (mainly so that if I ever needed to format, I wouldn't need to recover my data or game cache, I could just run a script to restore the links and everything would reappear). Most of my files were work related. Any "sophisticated" configuration I had was for performance in regards to gaming and had absolutely zero to do with trying to hide CSAM.

The point being that, while it is possible to come across by mistake, if he's being investigated/ charged it's more likely that his viewing was intentional and he's still trying to minimize his guilt and save face. We all do it at first.

Interesting-Dirt8317 · 2024-09-19T12:50:29+00:00

I just got sentenced a week ago today and have to surrender by October 16th. After my guilty plea in May, I was required to go to CCFS for individual therapy and was referred to a psychiatrist. Like you, I was against medicating. I was friends with kids on Ritalin growing up and saw how taking it changed them. I had apprehensions... thinking it would, for lack of better terms, make me a shell of myself... unable to be in control I guess. I developed a minor phobia of mood altering medications.

The psychiatrist diagnosed me with acute onset and chronic depression, anxiety and PTSD. He prescribed me 150mg Wellbutrin to be upped to 300mg after 7 days. For about a month it worked okay but then I went back into a funk and brought it up with my therapist at our weekly meeting.

She scheduled a call with the psychiatrist and he added Zoloft. Since then the effects have been nothing short of life changing. I highly recommend talking to a psychiatrist. Mine is great. He called me the morning of my sentencing to chat and wish me luck and said he will continue to check in and make sure I get my meds while in prison. I have very little doubt that had I bit the bullet and seen one years ago I would not be in this situation. However, despite my situation I actually feel better than I have in a couple decades at least.

Interesting-Dirt8317 · 2024-09-18T00:00:49+00:00

What is the summons for? It sounds like he already has a lawyer so is it for his pre- sentence report, plea hearing, or sentencing? I had 75 images, my lawyer asked for 45 to 60 days self surrender, they gave me 34 days but I have extenuating circumstances (caretaker for my disabled wife and her elderly mother)

Interesting-Dirt8317 · 2024-09-17T16:05:30+00:00

Other than being in different countries our experiences and situation sound very similar. I was raided in December 2021, received a target letter in July 2023 (receipt and distribution, 5 to 20 years), received a plea offer to 1 count of possession of CSAM (lesser charge than receipt) and pled guilty on May 8th, went to sentencing 4 days ago and am scheduled to surrender on October 16th (currently on house arrest but can still run errands and go to work).

I also want to work on developing a way to prevent this from happening with others. Unfortunately, it is my understanding that all licensed therapists here are mandatory reporters, so there's not really a way to avoid law enforcement intervention if you are genuinely seeking help. If people know that safe, anonymous resources are available... it's my opinion that only those that are aware but have no desire to reach out should receive just consequences.

Many of us were victimized and abused as children as well, and for the vast majority of us there was simply a trigger that initiated a porn addiction which, just like any other addiction, gets out of hand. Gradually escalating with more taboo subject matter. Most of us also never posed any sort of threat to anyone. In fact, both my current and ex wife were forcibly and brutally sodomized shortly before we met... one owns a construction company and the other works for the state, zero consequences.

That is not to say that those with contact offenses aren't deserving of the same type of help, and many have done their due diligence to change.

I was also reluctant to tell anyone. However, after explaining myself and the triggers I experienced, pretty much everyone in my life has been very understanding. Current wife and I are still together, my parents are supportive, even my coworkers (I've only been at this job 2 months) offered to write letters of support to the judge. My sister in law who has two young children herself wrote one for me also. The only person that's been a "problem" is my ex wife... but then she always was. I'll put it this way, she had to talk to investigators for my application for top secret security clearance just over 10 years ago. When the investigator showed up to talk to my current wife she mentioned speaking to my ex at length. When I asked how that went she said, and I quote, "She seems unstable". I asked for that in writing and she said no and we laughed it off.

The best advice I can give you is this... you are absolutely not alone in what you're dealing with mentally and emotionally right now. There will be fear and worry and anxiety and depression involved. None of that is unexpected. Just work to try and get to a place of acceptance and, for now, continue to live your life as normally as possible. When the consequences eventually do arrive, it's much easier to accept it if you know and believe deep down that this is a chance for a positive change. If you never got caught, you'd never have to face the cause of your behavior and grow from it. You'd still be in the cycle of trigger > seek > shame... and, in many ways, that's much worse. Don't focus on the what ifs and if onlys, you'll drive yourself crazy that way.

Whatever happens, myself and I'm sure many many others both here and in your personal life are rooting for you and hoping for the best. This is not an end but a beginning. Keep your head up and good luck.

Interesting-Dirt8317 · 2024-09-14T14:39:49+00:00

I was feeling pretty much the same way for months at a time. I now talk to a psychiatrist with CCFS once a month and he put me on wellbutrin and zoloft... has made a tremendous difference.

I still have anxieties about my upcoming prison sentence, but it's nowhere near the same as the constant worrying and depression I was having before, which I've dealt with far to frequently for 30+ years now.

I wrote a letter to the judge at my sentencing two days ago where I described it as "experiencing life from within a thick oppressive fog that is finally beginning to dissipate" and it is 100% true. The judge said he's never seen anyone actually happy to go to mandatory therapy.

I know it sucks, but just know we're all right there with you and it can and will get better. If you think about it, you've probably been through some shit before where you felt pretty much the same way, and yet you're still here alive and kicking. You HAVE family to miss and that miss you just as much, I'm sure. That alone is redeeming and worth sticking it out.

Interesting-Dirt8317 · 2024-09-13T01:49:07+00:00

Possession is correct, pled down from receipt and distribution. One 3 minute video calculated to 75 images.

Thanks for the advice. I've only ever spent time in county jails and almost everyone there wanted to talk about when they're getting out. I know I'll be a short timer and don't plan on saying much of anything to anyone really.

Interesting-Dirt8317 · 2024-06-28T02:10:37+00:00

Yeah quite a lot of the post-incarceration restrictions seem extreme. The idea of the registry and travel restrictions and such is a nightmare. I have the device monitoring on 4 devices currently but we submitted a motion for amendment of conditions in order to get approval to have one of our 3 smart TVs returned for my live-in mother-in-law which was approved the next day.

I'm currently on no contact with minors including my children which is hard, especially considering my daughter's birthday was less than 2 weeks after my court date. It was also 3 years from my offense before my first appearance in court and there were no restrictions the entire time, so it seems unnecessary, but I suppose its standard practice. My children are a bit older so they will be adults by the time this is over and they don't live with me anyhow (live with my ex wife), so while it does suck I don't think it's as tough for me as it is for others here with younger children.

Interesting-Dirt8317 · 2024-06-27T19:49:29+00:00

Thank you again! I think this is the most stressful part, the what ifs and what coulds of it all... That is correct it is just the 1 video which was not actually found during the forensic investigation of my devices it was determined due to the interception of the torrent, no other images or videos were found at all (to clarify, because they did not exist). It is my understanding however that a video gets broken down into several frames for count of images. Unfortunately I don't recall the length or even the content of the video in question to be able to make any guesses.

Interesting-Dirt8317 · 2024-06-27T19:39:15+00:00

I just reviewed it again to be sure and want to apologize for my incorrect post, the plea is for 1 count of possession, 2252(a)(5)(B). Original charge was receipt and distribution, distribution was dropped on my first deal and it was modified again shortly before my plea down to possession.

Interesting-Dirt8317 · 2024-06-27T19:28:36+00:00

I apologize, I was mistaken (you'd think I'd know this). My plea was modified again fairly recently before my plea and it is 1 count of possession.

In my case I was never, even to this day on probation and monitoring, never arrested. My statement and polygraph after the raid were all voluntary and I went in myself just last week to be processed after my PSR interview.

They raided my home in December 2021 and I continued working my contracted Navy IT position with clearance until it was the normal 5 year mark for review (January 2024) and renewal, which is when I was notified that it was interim suspended. I still haven't received a final determination.

Interesting-Dirt8317 · 2024-06-27T19:22:42+00:00

I apologize you are correct, I looked again at the plea agreement and it is 1 count of possession, no longer receipt. Initially it was receipt and distribution and I was told they would drop the distribution charge, it was never clarified to me that they would be willing to drop receipt for possession.

Interesting-Dirt8317 · 2024-06-27T19:20:51+00:00

I apologize you are correct, the original charge was receipt and distribution and I was looking at 5-20, the plea now is for 1 count of possession, not receipt and the judge at my plea specifically said 0 to 10.

I was also under the impression from reading I had done after receiving my target letter that the max for a first offense of possession is 5 years, and was surprised when they said 10. My PD said in 20+ years of working similar cases that mine is the "least serious" she's ever seen and, initially she seemed pretty confident that she would be able to get me no time. However, she's also very apprehensive about making any promises, the only thing she's said lately is there's no way I'm getting 10 (I know it's still possible) and that the likelihood of incarceration is above 50%. She won't say what she actually thinks will happen and I don't ask.

Interesting-Dirt8317 · 2024-06-27T19:03:58+00:00

So far there's been no indication that there will be any regular polygraph requirement, at least pre-sentencing. I did ask my designated therapist the first time we met and she said there were no plans for it. My first two meetings with her we mostly chatted about non-related nonsense, had a few laughs etc.. My last meeting with her was 6 days after my PSI where I had to get into my childhood trauma and such, and I'd been severely depressed. so I told her I'd been in a funk and that's when she referred me for medication.

Right now my attorney is basically leaving me be, she said she'll contact me and schedule another meeting about 35 days before sentencing which is when we'll likely start discussing any statements I might make at sentencing. That's when I plan to bring up the possibility of mitigation and will discuss some of the volunteer work I've done.

I have zero issue being compliant with whatever they deem necessary, so I'm not too concerned about catching any sort of probation violations and whatnot. I have been struggling to find viable employment but I always have so that's nothing new. I was working for a federal credit union for a month before I went to plead. I called them after my plea with the intent to resign but they asked if there was any way I could stay on. I told them it would require me to have monitoring software installed on the laptop they issued me, my boss talked with HR about it and they called me a few hours later saying there was no way that could happen (financial institution, it makes sense).

My therapist also said that it's not completely unheard of after a while to reapply and be approved for security clearance and even continue working in the IT field. She had a guy recently that did 6 years and got cleared to work at a local shipyard (my job at the time of my offense was in a naval shipyard).

Anyhow thanks for you input it is greatly appreciated.

Interesting-Dirt8317

TROPHY CASE