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SENTENCING Case 1:11-cr-00447-AJT Document 134 Filed 02/03/12 Page 1 of 1 PageID# 1007

Date: 02/03/2012 Judge: Trenga Reporter: R. Montgomery Start: 9:17 a.m. End: 9:32 a.m. Case Number 1:11CR00447-004


Jeremy Lynn Andrew Counsel/Govt: Lindsay Kelly Counsel/Deft: Jonathan Ashley Simms Court adopts PSI ( Y) without exceptions ( ) with exceptions: [129] Motion for Acceptance of Responsibility by USA - GRANTED (taken into consideration in PSI). Govt requests a term of imprisonment, but less than 6 months as stated in Position. Deft requests no more than 5 months Probation (least role and least amount of money). Court: The Court imposed a sentence below the advisory guideline range under 3553 after considering the following factors with respect to the deft: the sentences already imposed on codefts Beshara, Smith and Evans; the defts role in the conspiracy for which he was the least culpable member and the amount of financial gain received was $5,200; the sentences imposed for other Copyright Infringement cases; this is the defts first involvement with the Criminal Justice System; after graduation, the deft worked full-time and then went to college to obtain his AA; the deft has enrolled in college to obtain his 4-year degree; the deft was a college student at the time of the offense; the deft did not seek out to join the conspiracy and was not motivated by any monetary rewards; the guidelines and the factors that affect the guidelines; a sentence that is sufficient, but no more than necessary to accomplish the sentencing objectives of 3553; the guidelines based on personal gain rather than the amount involved in the overall conspiracy for which Probation would be authorized under the guidelines; the long term consequences the deft will suffer as a result of a felony conviction including a Restitution Judgment; alternative sentences to incarceration that are available that will satisfy the sentencing objectives; the deft has accepted responsibility for his actions and is remorseful for which the Court believes is sincere; the defts risk of recidivism is deemed to be low; the observations and concerns of his family and friends as reflected in the letters received. The findings of the Court were stated in open Court and are available for transcription. SENTENCING GUIDELINES : Offense Level: 21 Criminal History: I Imprisonment Range: 37 to 46 months Supervised Release Range: 1 to 3 years to $ 75,000 Fine Range: $ 7,500 Restitution $ 5,250.00 Special Assessment $ 100 ( ) Satisfied ( Y ) Unsatisfied, due immediately Court departs from Guidelines pursuant to: ____ USSG 5H1.4 ____ USSG 5K1.1 ____ USSG 5K2.12 ____ USSG 5C1.2 ____ Other:____________________ Man Minimum

-OR- Trial: JUDGMENT OF THE COURT: Plea: Y Probation for 3 Years w/ conditions Restitution of $ 5,250.00 due immediately/ monthly installments of $150 to begin w/in 60 days of Judgment ( Y ) Fine/costs of incarceration waived * Restitution Judgment to be submitted SPECIAL CONDITIONS: 1) The deft shall pay restitution totaling $5,250 which shall be due and payable immediately, with any unpaid balance paid in equal monthly payments of $150, to commence w/in 60 days of Judgment, until paid in full as set forth in the Restitution Judgment. 2) The deft shall apply all monies received from income tax refunds, lottery winnings, inheritances, judgments, and any anticipated or unexpected financial gains, to the outstanding court-ordered financial obligation, or in a lesser amount to be determined by the Court, upon the recommendation of the PO. 3) The deft shall not incur new credit charges or open additional lines of credit w/o the approval of the PO. 4) The deft shall provide the PO access to any requested financial information. 5) The deft is prohibited from owning, operating, consulting for, or participating in any internet-related business w/o the express prior approval of the PO. 6) The deft shall perform 150 hours of community service. 7) The deft shall continue attending college full-time until his degree is obtained.
Deft: ( ) Remanded ( ) Contd on Bond to Self-Surrender ( Y ) Referred to USPO ( ) Immediate Deportatiom