United States v. Mauldin


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Criminal Action No. 18-371 (BAH) GREGORY WARREN MAULDIN, Chief Judge Beryl A. Howell Defendant. MEMORANDUM AND ORDER The defendant Gregory Warren Mauldin was sentenced on April 2, 2010 to an imprisonment term of time served and to a life term of supervised release on his plea of guilty to one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Judgment at 1–3, ECF No. 1-2.1 The defendant now moves for early termination of supervised release. Def.’s Unopposed Mot. for Term. of Supervised Release (“Def.’s Mot.”), ECF No. 4. The government does not oppose the defendant’s motion, see id. at 6, but the U.S. Probation Office objects, maintaining that “guidance from the Guide (Volume 8E, §360.20) to Judiciary Policy does not support early termination [sic] sex offense cases.” U.S. Probation Office Mem. (sealed) (“PO Mem.”) at 2, ECF No. 10. Early termination of the defendant’s supervised release term is warranted. As the Probation Office concedes, the defendant “has successfully completed sex offender treatment, complies with sex offender registration requirements, and complies with his court-ordered 1 The defendant was charged and sentenced in the Western District of Texas, but in December 2018, supervision of this case was transferred to this Court, where the case was randomly assigned to the undersigned. See Notice to District of Columbia of a Transfer of Jurisdiction as to Gregory Warren Mauldin (“Transfer of Jurisdiction Notice”), United States v. Mauldin, No. 5:08-cr-00582-OLG-1 (Dec. 10, 2018), ECF No. 83. 1 restrictions,” and “this case meets the criteria for early termination.” Id. Further, the defendant suffers from serious medical conditions, see Def.’s Medical Records 1–3 (sealed), ECF Nos. 6–8, that render supervised release particularly burdensome in this case. For the following reasons, the defendant’s motion is GRANTED. I. BACKGROUND In 2006, the U.S. Immigration and Customs Enforcement (“ICE”) Cyber Crimes Center Child Exploitation Section discovered, as part of an investigation into a criminal organization that operated numerous commercial child pornography websites, that the defendant had made a payment to a PayPal account used by the criminal organization to process payments for access to its member-restricted websites. Plea Agreement at 2, Mauldin, No. 5:08-cr-00582-OLG-1, ECF No. 60-1. Following that lead, and after obtaining a search warrant, ICE agents, on March 12, 2008, searched the defendant’s home, seized three computers found there, and interviewed the defendant, who admitted that he used file sharing software to download images of child pornography and had joined five or six commercial child pornography websites, paying approximately $79 to each website he joined. Id. at 3. A subsequent forensic examination of the seized computers revealed approximately 30 videos of child pornography stored on their hard drives, as well as approximately 100 images of child pornography that had been deleted from them. Id. The defendant was sentenced on April 2, 2010 to a time-served term of imprisonment, an assessment of $100, a fine of $11,000, and a term of supervised ...

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