Petition for Writ of Certiorari — Cory Wayne Kilgore, Petitioner v. United States

EXHIBIT 2:

Judgment and Commitment (United States District Court)

Case 4:20-cr-00015-GKF Document 36 Filed in USDC ND/OK on 06/04/20 Page 1 of 8

AO 245B

(Rev. 10/17) Judgment in a Criminal Case

Sheet 1

UNITED STATES DISTRICT COURT

Northern District of Oklahoma

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UNITED STATES OF AMERICA

v.

CORY WAYNE KILGORE

JUDGMENT IN A CRIMINAL CASE

Case Number:

4:20-CR-00015–1-GKF

USM Number:

10685-062

William Patrick Widell, Jr.

Defendant’s Attorney

THE DEFENDANT:

☒ pleaded guilty to count

One of the Indictment

☐ pleaded nolo contendere to count(s)

which was accepted by the Court.

☐ was found guilty on count(s)

after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section

18 U.S.C. §§ 2252(a)(2) and (b)(1)

Nature of Offense

Distribution and Receipt of a Visual Depiction of a Minor

Engaged in Sexually Explicit Conduct

Offense Ended

1/9/20

Count

1

The defendant is sentenced as provided in this Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

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

☐ Count(s)

☐ is

☐ 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 of any change of name, 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 of material changes in economic circumstances.

June 4, 2020

Date of Imposition of Judgment

Signature of Judge

Gregory K. Frizzell, United States District Judge

Name and Title of Judge

June 4, 2020

Date

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Judgment - Page 2 of 8

AO 245B

(Rev. 10/17) Judgment in Criminal Case

Sheet 2 — Imprisonment

DEFENDANT:

CASE NUMBER:

Cory Wayne Kilgore

4:20-CR-00015–1-GKF

IMPRISONMENT

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

total term of: 180 months. Said sentence shall run concurrently with the anticipated term of imprisonment imposed in Tulsa County

District Court Case CF-2020-363.

☒

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

The Court recommends that the defendant receive the most comprehensive sex offender treatment available. The Court further

recommends placement at Federal Correctional Institution Seagoville, as an institution close to the defendant’s parents in Skiatook,

Oklahoma.

☒

The defendant is remanded to the custody of the United States Marshal.

☐

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

☐

☐

at

☐ a.m. ☐

☐

as notified by the United States Marshal.

p.m. on

.

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

☐

before 2 p.m. on

☐

as notified by the United States Marshal.

☐

as notified by the Probation or Pretrial Services Office.

.

RETURN

I have executed this Judgment as follows:

Defendant delivered on

at

to

, with a certified copy of this Judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

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Judgment - Page 3 of 8

AO 245B

(Rev. 10/17) Judgment in a Criminal Case

Sheet 3 — Supervised Release

DEFENDANT:

CASE NUMBER:

Cory Wayne Kilgore

4:20-CR-00015–1-GKF

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of:

Life.

MANDATORY CONDITIONS

1.

2.

3.

4.

5.

6.

7.

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from

imprisonment and at least two periodic drug tests thereafter, as determined by the court.

☐ The above drug testing condition is suspended, based on the court's determination that you

pose a low risk of future substance abuse. (check if applicable)

☐ You must make restitution in accordance with 18 U.S.C §§ 3663 and 3663A or any other statute authorizing a sentence of

restitution. (check if applicable)

☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

☒ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as

directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you

reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

☐ You must participate in an approved program for domestic violence. (check if applicable)

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached

page.

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Judgment - Page 4 of 8

AO 245B

(Rev. 10/17) Judgment in a Criminal Case

Sheet 3A — Supervised Release

DEFENDANT:

CASE NUMBER:

Cory Wayne Kilgore

4:20-CR-00015–1-GKF

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed

because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation

officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of release

from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time

frame.

After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and

when to report to the probation officer, and you must report to the probation officer as instructed.

You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from

the court or the probation officer.

You must answer truthfully the questions asked by the probation officer.

You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living

arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying

the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation

officer within 72 hours of becoming aware of a change or expected change.

You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer

to take any items prohibited by the conditions of your supervision that he or she observes in plain view.

You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from

doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses

you from doing so. If you plan to change where you work or anything about your work (such as your position or your job

responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in

advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming

aware of a change or expected change.

You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been

convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the

probation officer.

If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that

was designed, or was modified for, the specific purpose of causing bodily injury or death to another person, such as nunchakus or

tasers).

You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without

first getting the permission of the court.

If the probation officer determines that you pose a risk to another person (including an organization), after obtaining Court approval,

the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation

officer may contact the person and confirm that you have notified the person about the risk.

You must follow the instructions of the probation officer related to the conditions of supervision.

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Judgment - Page 5 of 8

AO 245B

(Rev. 10/17) Judgment in a Criminal Case

Sheet 3B — Supervised Release

DEFENDANT:

CASE NUMBER:

Cory Wayne Kilgore

4:20-CR-00015–1-GKF

SPECIAL CONDITIONS OF SUPERVISION

The defendant shall abide by the “Special Sex Offender Conditions” previously adopted by the Court, as follows:

1.

The defendant shall register pursuant to the provisions of the Sex Offender Registration Notification Act (SORNA) (Public Law 109-248) and

any applicable state registration law.

2.

The defendant shall participate in and successfully complete sex offender treatment, to include a risk assessment and physiological testing, at a

program or by a therapist and on a schedule approved by the probation officer. The defendant shall abide by the rules, requirements, conditions,

policies and procedures of the program to include specific directions to undergo periodic polygraph examinations or other types of testing as a

means to ensure that the defendant is in compliance with the requirements of his/her supervision or treatment program. The defendant shall waive

any right of confidentiality in any treatment or assessment records to allow the probation officer to review the course of treatment and progress

with the treatment provider. The defendant may be required to contribute to the cost of services rendered (co-payment) in an amount to be

determined by the probation office, based on the defendant’s ability to pay.

3.

Except for immediate family members, 1 the defendant shall have no contact with persons under the age of 18 unless approved by the probation

officer. The defendant will immediately report any unauthorized contact with persons under the age of 18 to the probation officer. The defendant

will not enter or loiter within 100 feet of schools, parks, playgrounds, arcades, or other places frequented by persons under the age of 18.

4.

The defendant shall not possess or view photographs, images, books, magazines, writings, drawings, videos, or video games depicting or

describing sexually explicit conduct or child pornography, as defined in 18 U.S.C. § 2256(2) or § 2256(8), or patronize places where such materials

or images are available.

5.

The defendant shall submit his/her person, property, residence, office, vehicle, papers, computers (as defined in 18 U.S.C. § 1030(e)(1)), electronic

communication devices, data storage devices, or media, to a search, conducted by the probation officer at a reasonable time and in a reasonable

manner, based on a reasonable suspicion of contraband or evidence of a violation of a condition of release (except as set forth in the Computer

and Internet Restriction Condition (Paragraph 8(b)), if imposed). Failure to submit to a search may be grounds for revocation. The defendant

shall warn any other occupants that the premises may be subject to searches pursuant to this condition.

6.

The defendant shall only use electronic communications devices or data storage devices approved in advance by the probation officer and

accessible to a complete forensic search by the Probation Office.

8.

The defendant shall abide by the following computer restrictions and monitoring conditions:

a.

The defendant shall disclose all e-mail accounts, internet connections and internet connection devices, including screen names, user

identifications, and passwords, to the probation officer; and shall immediately advise the probation officer of any changes in his/her

email accounts, connections, devices, or passwords.

b.

The defendant shall allow the probation officer to install computer monitoring software on any computer, as defined by 18 U.S.C. §

1030(e)(1), that the defendant owns, utilizes or has the ability to access. To ensure compliance with the computer monitoring condition,

the defendant shall allow the probation officer to conduct periodic, unannounced searches of any computer subject to computer

monitoring. These searches shall be conducted for the purposes of determining whether the computer contains any prohibited data prior

to installation of the monitoring software; to determine whether the monitoring software is functioning effectively after its installation;

and to determine whether there have been attempts to circumvent the monitoring software after its installation. Additionally, the

defendant shall warn other people who use these computers that the computers may be subject to searches pursuant to this condition.

c.

The defendant shall not access any on-line service using an alias, or access any on-line service using the internet account, name, or

designation of another person or entity; and shall report immediately to the probation officer access to any internet site containing

prohibited material.

d.

The defendant is prohibited from using any form of encryption, cryptography, stenography, compression, password protected files or

other methods that limit access to, or change the appearance of, data and/or images.

e.

The defendant is prohibited from altering or destroying records of computer use, including the use of software or functions designed to

alter, clean or “wipe” computer media, block monitoring software, or restore a computer to a previous state.

1 “Immediate family member” is defined as siblings, children, grandchildren, persons to whom the offender stands in loco parentis, and persons living in the

offender’s household and related by blood or marriage.

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Judgment - Page 6 of 8

AO 245B

(Rev. 10/17) Judgment in a Criminal Case

Sheet 3B — Supervised Release

DEFENDANT:

CASE NUMBER:

Cory Wayne Kilgore

4:20-CR-00015–1-GKF

SPECIAL CONDITIONS OF SUPERVISION

2.

The defendant shall successfully participate in a program of testing and treatment, to include inpatient treatment, for drug and

alcohol abuse, at a treatment facility and on a schedule determined by the probation officer. The defendant shall abide by the

policies and procedures of the testing and treatment program to include directions that the defendant undergo urinalysis or other

types of drug testing consisting of no more than eight tests per month if contemplated as part of the testing and treatment program.

The defendant shall waive any right of confidentiality in any records for drug and alcohol treatment to allow the probation officer

to review the course of testing and treatment and progress with the treatment provider.

U.S. Probation Officer Use Only

A U.S Probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this

Judgement containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised

Release Conditions, available at: www.uscourts.gov.

Defendant’s Signature _____________________________________

Date _________________

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Judgment - Page 7 of 8

AO 245B

(Rev. 10/17) Judgment in a Criminal Case

Sheet 5 — Criminal Monetary Penalties

DEFENDANT:

CASE NUMBER:

Cory Wayne Kilgore

4:20-CR-00015–1-GKF

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the Schedule of Payments.

TOTALS

☐

Assessment

Restitution

Fine

AVAA Assessment*

JVTA Assessment**

$100

Not Ascertainable

N/A

N/A

N/A

The determination of restitution is deferred until

An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.

☐

The defendant must 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 payment, unless specified otherwise

in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be

paid before the United States is paid.

Name of Payee

TOTALS

Restitution Ordered

Total Loss***

$

Priority or Percentage

$

☐

Restitution amount ordered pursuant to Plea Agreement $

☐

The defendant must pay interest on any fine or restitution 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).

☐

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 the

☐

the interest requirement for the

☐

☐

fine

fine

☐

☐

restitution.

restitution is modified as follows:

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.

** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.

*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September

13, 1994, but before April 23, 1996.

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Judgment - Page 8 of 8

AO 245B

(Rev. 10/17) Judgment in a Criminal Case

Sheet 6 — Schedule of Payments

DEFENDANT:

CASE NUMBER:

Cory Wayne Kilgore

4:20-CR-00015–1-GKF

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A

☒ Lump sum payment of $ 100

☐

☐

due immediately, balance due

not later than

in accordance with

, or

☐ C,

☐

D,

☐

B

☐ Payment to begin immediately (may be combined with

C

☐ Payment in equal

D

☐ Payment in equal

E, or

☐ F below; or

☐ C,

☐ D, or

☐ F below); or

(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 the date of this Judgment; or

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

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

over a period of

(e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E

☐

Payment during the term of supervised release will commence within

(e.g., 30 or 90 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

☐

Special instructions regarding the payment of criminal monetary penalties:

Any monetary payment is due in full immediately, but payable on a schedule to be determined pursuant to the policy provision

of the Federal Bureau of Prisons’ Inmate Financial Responsibility Program if the defendant voluntarily participates in this

program. If a monetary balance remains, payment is to commence no later than 60 days following release from imprisonment to

a term of supervised release in equal monthly payments of $50 or 10% of net income (take home pay), whichever is greater, over

the duration of the term of supervised release and thereafter as prescribed by law for as long as some debt remains.

Notwithstanding establishment of a payment schedule, nothing shall prohibit the United States from executing or levying upon

property of the defendant discovered before or after the date of this Judgment.

Unless the Court has expressly ordered otherwise, if this Judgment imposes imprisonment, payment of criminal monetary penalties

is due during 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.

☐

Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,

and corresponding payee, if appropriate.

☐

The defendant shall pay the cost of prosecution.

☐

The defendant shall pay the following court cost(s):

☒

The defendant shall forfeit the defendant’s interest in the following property to the United States:

Cell phones are forfeited as directed in the Order of Forfeiture, Dkt. # 32.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,

(5) fine interest, (6) community restitution, (7) JVTA assessments, (8) penalties, and (9) costs, including cost of prosecution and court costs.