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  • Loskarn Judge Memo

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    Phil Kerpen
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    The judge explains his decision to enroll the defendant, who is accused of downloading child pornography, in a high-intensity supervision program and prohibit his internet use. The judge believes these measures will sufficiently reduce the danger posed by the defendant. Specifically, the defendant will live with his parents who do not allow internet access on their devices. As a former senior government official, the defendant also understands how law enforcement tracks child pornography downloads. The internet prohibition is temporary and pre-trial, distinguishing it from an absolute post-trial ban struck down in another case.

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    explanation for pre-trial release

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    The judge explains his decision to enroll the defendant, who is accused of downloading child pornography, in a high-intensity supervision program and prohibit his internet use. The judge believes these measures will sufficiently reduce the danger posed by the defendant. Specifically, the defendant will live with his parents who do not allow internet access on their devices. As a former senior government official, the defendant also understands how law enforcement tracks child pornography downloads. The internet prohibition is temporary and pre-trial, distinguishing it from an absolute post-trial ban struck down in another case.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Scarica in formato PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    26 visualizzazioni2 pagine

    Loskarn Judge Memo

    Caricato da

    Phil Kerpen
    The judge explains his decision to enroll the defendant, who is accused of downloading child pornography, in a high-intensity supervision program and prohibit his internet use. The judge believes these measures will sufficiently reduce the danger posed by the defendant. Specifically, the defendant will live with his parents who do not allow internet access on their devices. As a former senior government official, the defendant also understands how law enforcement tracks child pornography downloads. The internet prohibition is temporary and pre-trial, distinguishing it from an absolute post-trial ban struck down in another case.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Scarica in formato PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    di 2

    Case 1:13-mj-00945-JMF Document 8 Filed 12/31/13 Page 1 of 2

    UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

    UNITED STATES OF AMERICA, v. JESSE RYAN LOSKARN, Defendant. CR. NO. 13-945 M (JMF)

    MEMORANDUM I file this brief memorandum to explain why I believe that the defendants enrollment in the High Intensity Supervision Program and the prohibition I have placed on his use of the Internet will reduce to a tolerable risk the danger he presents. Defendant is accused of downloading child pornography. While that is, to put it mildly, a dangerous crime involving the recorded sexual exploitation of children and the government has what appears to be a very strong case, I have prohibited the defendants use of the Internet. He will be required to live with his parents, whom I met during the hearing. They explained to me that the only devices in their home capable of connecting with the Internet are their IPADs, which are password protected. They further assured me that they would not share their passwords with their son. Moreover, the defendant, an education man who held a senior staff position in the United States Senate, surely appreciates now, if he did not appreciate it before, how law enforcement can track those who download child pornography from the Internet. I concluded, therefore, that the risk of his resuming the downloading of child pornography is not great. Finally, I note that the defendant consents to this prohibition and it is being imposed on a pre-trial basis pending the resolution of the case. I therefore find this situation distinguishable

    Case 1:13-mj-00945-JMF Document 8 Filed 12/31/13 Page 2 of 2

    from the absolute prohibition on the use of the Internet as a condition of supervised release, which the court of appeals set aside in United States v. Malenya, 736 F.3d 554 (D.C. Cir. 2013).
    Digitally signed by John M. Facciola DN: c=US, email=john_m._facciola@dcd.us courts.gov, o=United States District Court for the District of Columbia, cn=John M. Facciola Date: 2013.12.31 12:40:56 -05'00' ______________________________

    JOHN M. FACCIOLA UNITED STATES MAGISTRATE JUDGE

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