Petition for Writ of Certiorari — Jamie Hackney, Petitioner v. United States

Supreme Court briefAug 24, 2026

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No. ______________

In the

Supreme Court of the United States

___________

Jamie Hackney,

Petitioner,

v.

United States of America,

Respondent.

___________

On Petition for a Writ of Certiorari

to the United States Court of Appeals

for the Fifth Circuit

___________

PETITION FOR A WRIT OF CERTIORARI

___________

Jason D. Hawkins

Federal Public Defender

Maria Gabriela Vega

Assistant Federal Public Defender

Federal Public Defender’s Office

Northern District of Texas

525 South Griffin Street, Suite 629

Dallas, TX 75202

(214) 767-2746

gabriela_vega@fd.org

QUESTION PRESENTED

Whether the Fifth Circuit should reconsider this appeal in light of Hunter v.

United States, 146 S. Ct. 1702 (2026).

i

PARTIES TO THE PROCEEDING

Petitioner is Jamie Hackney, who was the Defendant-Appellant in the court

below. Respondent, the United States of America, was the Plaintiff-Appellee in the

court below.

RELATED PROCEEDINGS

•

United States v. Hackney, No. 4:25-cr-00017-O, U.S. District Court for the

Northern District of Texas. Judgment entered on May 30, 2025.

•

United States v. Hackney, No. 25-10690, U.S. Court of Appeals for the Fifth

Circuit. Judgment entered on May 26, 2026.

ii

TABLE OF CONTENTS

Question Presented......................................................................................................... i

Parties to the Proceeding .............................................................................................. ii

Related Proceedings....................................................................................................... ii

Table of Contents .......................................................................................................... iii

Appendices .................................................................................................................... iv

Table of Authorities ....................................................................................................... v

Petition for a Writ of Certiorari .................................................................................... 1

Opinions Below .............................................................................................................. 1

Jurisdiction .................................................................................................................... 1

Provisions Involved ........................................................................................................ 1

Statement of the Case ................................................................................................... 2

I.

Proceedings in District Court ........................................................................ 2

II.

Proceedings on Appeal ................................................................................... 3

Reason For Granting This Petition ............................................................................... 4

I.

Hunter declares a miscarriage-of-justice exception to appeal waivers........ 4

II.

The panel below may reach a different resolution on Hackney’s appeal

given Hunter’s miscarriage-of-justice exception. .......................................... 5

Conclusion ...................................................................................................................... 7

iii

APPENDICES

Appendix A Opinion

United States v. Hackney, No. 25-10690

(5th Cir. May 26, 2026) ............................................ Pet. App’x a001–005

Appendix B Judgment and Sentence,

United States v. Hackney, No. 4:25-cr-00017-O

(N.D. Tex. May 30, 2025) ......................................... Pet. App’x a006–010

iv

TABLE OF AUTHORITIES

Page(s)

Federal Cases

Bragdon v. Abbott,

524 U.S. 624 (1998) .................................................................................................. 5

Christopher v. SmithKline Beecham Corp.,

567 U.S. 142 (2012) .................................................................................................. 5

Hunter v. United States,

146 S. Ct. 1702 (2026) .................................................................................. 4, 5, 6, 7

Lawrence on Behalf of Lawrence v. Chater,

516 U.S. 163 (1996) .................................................................................................. 6

United States v. Hackney,

176 F.4th 852 (5th Cir. 2026) ................................................................................... 1

United States v. Hackney,

No. 4:25-cr-00017-O (N.D. Tex. May 30, 2025) ....................................................... 1

United States v. Hunter,

183 F.4th 416 (5th Cir. 2026) ............................................................................... 6, 7

United States v. Hunter,

No. 24-20211, 2024 WL 5003582 (5th Cir. Dec. 6, 2024), vacated

and remanded by Hunter, 146 S.Ct. 1702 ............................................................... 7

United States v. Kim,

988 F.3d 803 (5th Cir. 2021) ................................................................................ 5, 6

United States v. Pride,

No. 25-40759, 2026 WL 1906871 (5th Cir. July 2, 2026) ........................................ 6

United States v. West,

137 F.4th 395 (5th Cir. 2025) ................................................................................... 6

Federal Statutes

18 U.S.C. § 3553(a) ........................................................................................................ 4

18 U.S.C. § 3583(d) ............................................................................................ 1, 3, 4, 6

28 U.S.C. § 1254(1) ........................................................................................................ 1

v

Rules

Supreme Court Rule 13.3 .............................................................................................. 1

Other Authorities

Appellant's Br., United States v. Hackney, 176 F.4th 852 (5th Cir.

2026) (No. 25-10690), 2025 WL 3528307 ............................................................. 3, 6

Appellee's Br., United States v. Hackney, 176 F.4th 852 (5th Cir. 2026)

(No. 25-10690)........................................................................................................... 4

vi

PETITION FOR A WRIT OF CERTIORARI

Jamie Hackney seeks a writ of certiorari to review the judgment of the United

States Court of Appeals for the Fifth Circuit.

OPINIONS BELOW

The Fifth Circuit’s published opinion is available at United States v. Hackney,

176 F.4th 852 (5th Cir. 2026) and is reprinted in Appendix A. The district court’s

judgment and sentence in United States v. Hackney, No. 4:25-cr-00017-O (N.D. Tex.

May 30, 2025), is reprinted in Appendix B.

JURISDICTION

The Fifth Circuit entered its opinion and judgment on May 26, 2026. This

Court has jurisdiction pursuant to 28 U.S.C. § 1254(1) and Supreme Court Rule 13.3.

PROVISIONS INVOLVED

18 U.S.C. § 3583(d), in pertinent part:

(d)…The court may order, as a further condition of supervised release, to the extent that such condition—

(1) is reasonably related to the factors set forth in section

3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);

(2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section

3553(a)(2)(B), (a)(2)(C), and (a)(2)(D); and

(3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C.

994(a);

any condition set forth as a discretionary condition of probation in section 3563(b) and any other condition it considers to be appropriate . . . . .

1

STATEMENT OF THE CASE

I.

Proceedings in District Court

Petitioner Jamie Hackney pleaded guilty to two counts: production of child por-

nography, in violation of 18 U.S.C. § 2251(a) and (e); and transportation of child pornography, in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1). ROA.26-28, 139. In a plea

agreement, Hackney also waived his rights “to appeal the . . . sentence” but reserved

the right to “a direct appeal of [] a sentence exceeding the statutory maximum punishment[.]” ROA.185.

In the Presentence Investigation Report (PSR), the Probation Office calculated

an imprisonment guideline range of 360–600 months. ROA.200-02, 204-05, 213. Probation also reported a supervised release guideline range of five years to life.

ROA.214. During the term, Probation recommended mandatory conditions, standard

conditions, and fourteen special conditions. ROA.216-18. The recommended special

conditions included:

The defendant shall have no contact with minors under the

age of 18, including by correspondence, telephone, internet,

electronic communication, or communication through third

parties.

The defendant shall provide to the probation officer complete access to all business and personal financial information.

ROA.217-18. Probation recommended these special conditions “due to the nature of

the instant offense.” ROA.219. Hackney filed no legal objections. ROA.220-22.

At sentencing, the district court adopted the PSR and its guideline calculations. ROA.164. The district court sentenced Hackney to 600 months imprisonment.

2

ROA.169-70. It also imposed concurrent fifteen-year terms of supervised release on

both counts. ROA.170. “While on release,” the court ordered Hackney to “comply with

the terms of supervision…as outlined in…the presentence report.”

The court’s written judgment reflects Hackney’s 50-year prison sentence, 15year terms of supervised release, and the special conditions first proposed in the PSR.

ROA.69-72. Pertinent to this petition, these conditions included:

have no contact with minors under the age of 18, including

by correspondence, telephone, internet, electronic communication, or communication through third parties, see Pet.

App’x a008.

***

provide to the probation officer complete access to all business and personal financial information, see Pet. App’x

a009.

II.

Proceedings on Appeal

On appeal, Hackney raised two issues for plain-error review: (1) whether the

district court erred when it forbade him from having any contact with minors—without exception—during his fifteen-year term of supervised release; and (2) whether

the district court erred when it required him to provide to his supervising probation

officer complete access to all business and personal financial information while on

supervised release. Pet. App’x a002–a003. He rooted his challenges to both conditions

in the statutory limits set by 18 U.S.C. § 3583(d). Appellant’s Br. 14–25, United States

v. Hackney, 176 F.4th 852 (5th Cir. 2026) (No. 25-10690), 2025 WL 3528307. See also

Pet. App’x a005 (describing Hackney’s case as “[a]n appeal of conditions of supervised

release based on § 3583(d)”). Hackney further argued that his appeal waiver reserved

3

these challenges under the appeal waiver’s enumerated statutory maximum exception. Pet. App’x a003–004.

The government countered that dismissal was appropriate, likening the reasonableness inquiry under § 3583(d) to that under 18 U.S.C. § 3553(a) and advocating

an interpretation of the statutory maximum exception that limited the reservation of

rights to the numerical ceiling for the term of supervised release, leaving any statutory limit to the conditions subject to the general waiver. Appellee’s Br. 13–25, United

States v. Hackney, 176 F.4th 852 (5th Cir. 2026) (No. 25-10690). The court below

agreed with the government’s interpretation: “Because ‘maximum punishment’ includes only the quantitative elements of a sentence, the exception does not cover an

appeal based on § 3583(d).” Pet. App’x a002. “An appeal of conditions of supervised

release based on § 3583(d)” thus “does not constitute an appeal of ‘a sentence exceeding the statutory maximum punishment,’” so the panel dismissed Hackney’s appeal.

Pet. App’x a005.

REASON FOR GRANTING THIS PETITION

Because Hackney sought to appeal “a sentence beyond what the relevant statute allows,” Hunter v. United States, 146 S. Ct. 1702, 1713 (2026), this Court should

vacate and remand for the Fifth Circuit to reconsider in light of Hunter.

I.

Hunter declares a miscarriage-of-justice exception to appeal waivers.

Hunter declared appeal waivers “unenforceable” if they “would result in a mis-

carriage of justice.” 146 S. Ct. at 1713; see also id. at 1709–10 (adopting the view of

the majority of the courts of appeals “that a waiver cannot be enforced if doing so

would result in a miscarriage of justice”). An appeal waiver now “may be set aside”

4

when “the sentence is marred by the kind of egregious error that would bring the

judicial system into disrepute.” Id. at 1713. “The error must be obvious—not one a

judge could reasonably make.” Id. “And it must be of the type that would undermine

public confidence in the judiciary.” Id.

“The nature of the miscarriage-of-justice limit precludes any attempt to list all

the situations in which it will overcome an appeal waiver.” Hunter, 146 S. Ct. at 1714.

Even so, Hunter made clear that “a defendant may appeal a sentence exceeding what

the relevant statute allows—most commonly, a term of years above the maximum

prescribed.” Id. Notably, Hunter modified “a term of years above the maximum prescribed” with “most commonly,” which indicates that while a sentence above a numerical limit may be a quintessential example, it is not an exhaustive one. Cf. Christopher

v. SmithKline Beecham Corp., 567 U.S. 142, 162 (2012) (distinguishing “includes”

from “means” as a “significant” “word choice” “because it makes clear that the examples enumerated in the text are intended to be illustrative, not exhaustive”); Bragdon

v. Abbott, 524 U.S. 624, 639 (1998) (“As the use of the term ‘such as’ confirms, the list

is illustrative, not exhaustive.”). Hunter also cited United States v. Kim, 988 F.3d 803,

810–11 (5th Cir. 2021) in support of this point. 146 S. Ct. at 1714. And Kim applied

the statutory maximum limit to a restitution award challenge where the statutory

maximum was not numerically phrased. See 988 F.3d at 809–11.

II.

The panel below may reach a different resolution on Hackney’s appeal

given Hunter’s miscarriage-of-justice exception.

Hackney had argued from the outset that the Fifth Circuit should adopt his

reading of the statutory maximum exception—which he maintained reserved appeals

5

to condition of supervised release rooted in 18 U.S.C. § 3583(d)—precisely because

that interpretation would align with Kim and its progeny. See Hackney Appellant Br.,

2025 WL 3528307, at *13–14 (citing United States v. West, 137 F.4th 395, 399 (5th

Cir. 2025)); West, 137 F.4th at 400 (citing Kim, 988 F.3d at 811). What is more, Hunter

described an “appeal [of] a sentence exceeding what the relevant statute allows” as

part of a list of examples explicitly “not intended to be exclusive,” thus leaving the

door open for a defendant to show a miscarriage of justice even if his or her claim does

not fit perfectly within the exception as phrased. 146 S. Ct. at 1714. Indeed, the Fifth

Circuit in Hunter’s wake recognized that an appeal challenging conditions of release

under 18 U.S.C. § 3583(d) could fall under Hunter’s miscarriage-of-justice exception.

United States v. Pride, No. 25-40759, 2026 WL 1906871, at *2 (5th Cir. July 2, 2026).

And while the Fifth Circuit still dismissed the appeal in Hunter following remand, it

did so only after discussing the merits of the statutory argument. See United States

v. Hunter, 183 F.4th 416, 423 (5th Cir. 2026).

“Where intervening developments, or recent developments that we have reason

to believe the court below did not fully consider, reveal a reasonable probability that

the decision below rests upon a premise that the lower court would reject if given the

opportunity for further consideration, and where it appears that such a redetermination may determine the ultimate outcome of the litigation,” this Court may grant certiorari, vacate the judgment below, and remand for redetermination in light of the

intervening event. Lawrence on Behalf of Lawrence v. Chater, 516 U.S. 163, 167–68

(1996). Cf. Stutson v. United States, 516 U.S. 163, 181 (1996) (Scalia, J., dissenting)

6

(emphasis in original) (“We regularly hold cases that involve the same issue as a case

on which certiorari has been granted and plenary review is being conducted in order

that (if appropriate) they may be ‘GVR’d’ when the case is decided.”). The panel dismissed Hackney’s appeal because it reasoned that, in the context of an enumerated

exception to an appeal waiver, a statutory maximum refers only to numerical limits.

But that analysis is at odds with Hunter’s description of what “a sentence beyond

what the relevant statute allows” encompasses.

What is more, Hunter provides a stand-alone basis for not enforcing the appeal

waiver precisely because it implicates the integrity of the judiciary. See 146 S. Ct. at

1712–13. Thus, Hunter’s reasoning calls for reconsideration here, independent of

whether the panel would be persuaded to reinterpret the enumerated “statutory maximum” exception in the plea agreement in Hackney’s favor. And the panel dismissed

the appeal without any engagement on the merits. See Pet. App’x a003–a005. As the

disposition in Hunter on remand illustrates, however, such engagement is necessary

to decide whether enforcement of the waiver is appropriate post-Hunter. Compare

United States v. Hunter, No. 24-20211, 2024 WL 5003582, at *1 (5th Cir. Dec. 6, 2024),

vacated and remanded by Hunter, 146 S.Ct. 1702, with Hunter, 183 F.4th at 423. For

these reasons, a GVR is appropriate for the Fifth Circuit panel to reconsider Hackney’s appeal with Hunter guiding its analysis.

CONCLUSION

Petitioner Jamie Hackney respectfully submits that this Court should grant

the petition, vacate the judgment, and remand the case to the United States Court of

7

Appeals for the Fifth Circuit for further consideration in light of Hunter v. United

States, 146 S. Ct. 1702 (2026).

Respectfully submitted this 24th day of August, 2026.

JASON D. HAWKINS

Federal Public Defender

Northern District of Texas

/s/ Maria Gabriela Vega

Maria Gabriela Vega

Assistant Federal Public Defender

Federal Public Defender’s Office

525 S. Griffin Street, Suite 629

Dallas, Texas 75202

Telephone: (214) 767-2746

gabriela_vega@fd.org

Attorney for Petitioner

Jamie Hackney

8

Case: 25-10690

Document: 81-1

Page: 1

Date Filed: 05/26/2026

United States Court of Appeals

for the Fifth Circuit

United States Court of Appeals

Fifth Circuit

____________

FILED

May 26, 2026

No. 25-10690

____________

Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Jamie Hackney,

Defendant—Appellant.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:25-CR-17-1

______________________________

Before Higginbotham, Smith, and Oldham, Circuit Judges.

Jerry E. Smith, Circuit Judge:

Jamie Hackney pleaded guilty of production and transportation of

child pornography. He waived his right to appeal but reserved the ability to

appeal “a sentence exceeding the statutory maximum punishment.” The

district court sentenced him to 50 years of imprisonment and 15 years of

supervised release (“SR”) conditioned on his having no contact with minors

and his reporting financial information to his probation officer.

Hackney appeals his sentence, asserting that the conditions of SR

conflict with the reasonableness requirements of 18 U.S.C. § 3583(d).

Pet. App'x a001

Case: 25-10690

Document: 81-1

Page: 2

Date Filed: 05/26/2026

No. 25-10690

Because “maximum punishment” includes only the quantitative elements of

a sentence, the exception does not cover an appeal based on § 3583(d). We

dismiss the appeal.

I.

Hackney pleaded guilty of production of child pornography in violation of 18 U.S.C. § 2251(a) and (e) and transportation of child pornography

in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1). Per the plea agreement,

Hackney waived the right to appeal his conviction and sentence but reserved

the right, inter alia, to appeal “a sentence exceeding the statutory maximum

punishment[.]”

The presentence report (“PSR”) recommended an advisory guidelines range of 360 to 600 months of imprisonment and a life term of SR. The

PSR also identified applicable conditions of SR:

2. The defendant shall have no contact with minors under the

age of 18, including by correspondence, telephone, internet,

electronic communication, or communication through third

parties. The defendant shall not have access to or loiter near

school grounds, parks, arcades, playgrounds, amusement parks

or other places where children may frequently congregate, except as may be allowed upon advance approval by the probation

officer.

...

11. The defendant shall provide to the probation officer complete access to all business and personal financial information.

The district court adopted the conditions in the PSR and sentenced

Hackney to 50 years of imprisonment and 15 years of SR. Hackney did not

object in the district court.

Hackney raises two issues on appeal: (1) “Whether the district court

plainly and reversibly erred when it forbade Hackney from having any contact

2

Pet. App'x a002

Case: 25-10690

Document: 81-1

Page: 3

Date Filed: 05/26/2026

No. 25-10690

with minors without exception during his [SR]” and (2) “[w]hether the district court plainly and reversibly erred when it required Hackney to provide

his supervising probation officer with complete access to all business and personal financial information while on [SR].”

II.

“This court reviews de novo whether an appeal waiver bars an

appeal.” United States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014) (citing

United States v. Baymon, 312 F.3d 725, 727 (5th Cir. 2002)). “To determine

whether an appeal of a sentence is barred by an appeal waiver provision in a

plea agreement, we conduct a two-step inquiry: (1) whether the waiver was

knowing and voluntary and (2) whether the waiver applies to the circumstances at hand, based on the plain language of the agreement.” United States

v. Bond, 414 F.3d 542, 544 (5th Cir. 2005) (citing United States v. McKinney,

406 F.3d 744, 746–47 (5th Cir. 2005)).

Hackney does not contest that the waiver was knowing and voluntary,

nor does he dispute that the plain language of the plea agreement generally

waives his right to appeal his “sentence,” a term that “unambiguously

includes [SR] and its conditions as a matter of law.” United States v. Higgins,

739 F.3d 733, 738 (5th Cir. 2014) (citation modified). Instead, Hackney contends that the waiver does not apply because his claims fall within an exception for appeals of “a sentence in excess of the statutory maximum punishment[.]” According to Hackey, because his SR conditions do not conform

to the reasonableness requirements in § 3583(d), 1 his sentence “exceeds the

_____________________

1

Section 3583(d) requires that a condition of SR (1) be “reasonably related” to

certain enumerated statutory factors in § 3553, (2) “involve[] no greater deprivation of liberty than is reasonably necessary” to achieve an enumerated statutory factor, and (3) be

“consistent with any pertinent policy statements issued by the Sentencing Commission[.]”

18 U.S.C. § 3583(d).

3

Pet. App'x a003

Case: 25-10690

Document: 81-1

Page: 4

Date Filed: 05/26/2026

No. 25-10690

statutory maximum punishment.”

In Bond, we determined the ordinary meaning of “statutory maximum” in the appellate-waiver context. Bond contended that he was sentenced based on facts not found by a jury beyond a reasonable doubt, in violation of United States v. Booker, 543 U.S. 220 (2005). Bond signed an appeal

waiver but reserved the right to appeal “any punishment imposed in excess

of the statutory maximum[.]” Id. We held that “statutory maximum”

means “the upper limit of punishment that Congress has legislatively specified for violation of a statute.” Bond, 414 F.3d at 545 (citation omitted).

Because Bond was sentenced to 24 months, and the statutory maximum was

15 years, we held that his sentence, even if violative of Booker, was not “in

excess of the statutory maximum,” so any objection was waived. Id. at 546.

In United States v. Yiping Qu, 618 F. App’x 777 (5th Cir. 2015) (per

curiam), applying Bond, we held that SR conditions that violate § 3583(d) are

not “in excess of the statutory maximum punishment” for appeal-waiver

purposes. “That the term ‘statutory maximum’ generally denotes a period

of time seems obvious.” Id. at 779 (citation omitted). “‘Maximum,’ or its

counterpart ‘minimum,’ generally refers to something that can be quantiId.

fied.”

(citing

Maximum,

Merriam–Webster

Online,

http://www.merriam-webster.com/dictionary/maximum). But a § 3583(d)

challenge does not target the quantitative or temporal element of an SR

sentence, but instead the qualitative conditions attached. 2 See 18 U.S.C.

§ 3583(d). Appeals based on § 3583(d) therefore do not challenge “a sen_____________________

2

We have applied the quantitative approach to “statutory maximum” in a wide

array of contexts: unreasonable SR conditions, cruel and unusual punishment, a district

court’s treating the sentencing guidelines as mandatory, and a sentence based on clearly

erroneous facts, among others. See United States v. West, 138 F.4th 357, 366–68 (5th Cir.

2025) (Oldham, J., dissenting from denial of rehearing en banc).

4

Pet. App'x a004

Case: 25-10690

Document: 81-1

Page: 5

Date Filed: 05/26/2026

No. 25-10690

tence imposed in excess of the statutory maximum.”

Yiping Qu,

618 F. App’x at 780 (citation omitted).

Hackney contends that Yiping Qu conflicts with the prior opinion in

Higgins and thus violates the rule of orderliness. According to Hackney, Higgins held that SR conditions that violate § 3583(d) constitute “punishment in

excess of the statutory maximum.” Not so. Higgins held only that the defendant had not advanced any theory that his appeal fell within the statutorymaximum exception. 739 F.3d at 739. At most, Higgins is silent on what constitutes “punishment in excess of the statutory maximum.” Further, Hackney’s faulty reading of Higgins has rule-of-orderliness issues itself, as it places

Higgins in contrast with prior-issued Bond.

*****

An appeal of conditions of supervised release based on § 3583(d) does

not constitute an appeal of “a sentence exceeding the statutory maximum

punishment.” Because Hackney waived his right to appeal those conditions,

his appeal is DISMISSED.

5

Pet. App'x a005

Case 4:25-cr-00017-O

Document 43

Filed 05/30/25

Page 1 of 5

UNITED STATES DISTRICT COURT

PageID 136

NORTHERN DISTRICT OF TEXAS

Fort Worth Division

UNITED STATES OF AMERICA

JUDGMENT IN A CRIMINAL CASE

v.

Case Number: 4:25-CR-00017-O(01)

U.S. Marshal’s No.: 41735-511

Allyson Monte, Assistant U.S. Attorney

Rachel Maureen Taft, Attorney for the Defendant

JAMIE HACKNEY

On February 19, 2025 the defendant, JAMIE HACKNEY, entered a plea of guilty as to Count One and

Two of the Indictment filed on January 15, 2025. Accordingly, the defendant is adjudged guilty of such Count,

which involves the following offense:

Title & Section

Nature of Offense

Offense Ended

Count

18 U.S.C. § 2252A(a)(l) and (b)(l)

Transportation of Child Pornography

10/14/2024

Two

18 U.S.C. § 2251(a) and (e)

Production of Child Pornography

10/11/2024

One

The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed

pursuant to Title 18, United States Code § 3553(a), taking the guidelines issued by the United States Sentencing

Commission pursuant to Title 28, United States Code § 994(a)(1), as advisory only.

The defendant shall pay immediately a special assessment of $200.00 ($100 per Count) as to Count One

and Two of the Indictment filed on January 15, 2025. The Court concluded the defendant does not have the current

financial resources or future earning capacity to pay an assessment under 18 U.S.C. § 2259A (The Amy, Vicky,

and Andy Act). Thus, the assessment for Counts One and Two shall be $0. The Court further concluded the

defendant is indigent and the $5,000 assessment, per count, required pursuant to 18 U.S.C. § 3014 is waived as

to Counts One and Two.

The defendant shall notify the United States Attorney for this district within thirty 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.

Sentence imposed May 30, 2025.

____________________________________________

REED O’CONNOR

U.S. DISTRICT JUDGE

Signed May 30, 2025.

Pet. App'x a006

Case 4:25-cr-00017-O

Document 43

Filed 05/30/25

Page 2 of 5

PageID 137

Page 2 of 5

Judgment in a Criminal Case

Defendant: JAMIE HACKNEY

Case Number: 4:25-CR-00017-O(1)

IMPRISONMENT

The defendant, JAMIE HACKNEY, is hereby committed to the custody of the Federal Bureau of Prisons

(BOP) to be imprisoned for a term of THREE HUNDRED SIXTY (360) MONTHS as to Count One and TWO

HUNDRED FORTY (240) MONTHS as to Count Two of the Indictment filed on January 15, 2025, to run

CONSECUTIVELY for a TOTAL of SIX HUNDRED (600) MONTHS.

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

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of

FIFTEEN (15) YEARS as to Count One and Two of the Indictment filed on January 15, 2025, terms to run

CONCURRENTLY, for a TOTAL of FIFTEEN (15) YEARS.

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)

You must report to the probation office in the federal judicial district where you are authorized to

reside within 72 hours of your 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 you must 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 your 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 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 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.

Pet. App'x a007

Case 4:25-cr-00017-O

Document 43

Filed 05/30/25

Page 3 of 5

Judgment in a Criminal Case

Defendant: JAMIE HACKNEY

Case Number: 4:25-CR-00017-O(1)

( 8)

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(10)

(11)

(12)

(13)

PageID 138

Page 3 of 5

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), 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.

In addition the defendant shall:

not commit another federal, state, or local crime;

not illegally possess controlled substances;

cooperate in the collection of DNA as directed by the probation officer;

not possess a firearm, ammunition, destructive device, or any dangerous weapon;

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;

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;

pay the assessment imposed in accordance with 18 U.S.C. § 3013;

have no contact with the victim(s), including correspondence, telephone contact, or communication

through third parties except under circumstances approved in advance by the probation officer and not

enter onto the premises, travel past, or loiter near the victims' residences, places of employment, or other

places frequented by the victims;

have no contact with minors under the age of 18, including by correspondence, telephone, internet,

electronic communication, or communication through third parties. The defendant shall not have access

to or loiter near school grounds, parks, arcades, playgrounds, amusement parks or other places where

Pet. App'x a008

Case 4:25-cr-00017-O

Document 43

Judgment in a Criminal Case

Defendant: JAMIE HACKNEY

Case Number: 4:25-CR-00017-O(1)

Filed 05/30/25

Page 4 of 5

PageID 139

Page 4 of 5

children may frequently congregate, except as may be allowed upon advance approval by the probation

officer;

not use any computer other than the one the defendant is authorized to use without prior approval from

the probation officer;

not use any software program or device designed to hide, alter, or delete records and/or logs of the

defendant's computer use, Internet activities, or files stored on the defendant's computer;

not use any computer or computer-related equipment owned by his/her employer except for the strict

benefit of his/her employer in the performance of his/her job-related duties;

participate and comply with the requirements of the Computer and Internet Monitoring Program and

shall pay the costs of the program. The defendant shall consent to the probation officer's conducting

ongoing monitoring of his/her computer/computers. The monitoring may include the installation of

hardware and/or software systems that allow evaluation of computer use. The defendant shall not

remove, tamper with, reverse engineer, or circumvent the software in any way. The defendant shall only

use authorized computer systems that are compatible with the software and/or hardware used by the

Computer and Internet Monitoring Program. The defendant shall permit the probation officer to conduct

a preliminary computer search prior to the installation of software. At the discretion of the probation

officer, the monitoring software may be disabled or removed at any time during the term of supervision;

provide the probation officer with accurate information about his/her entire computer system. The

defendant's email shall only be accessed through a pre-approved application;

submit to periodic, unannounced examinations of his/her computer/computers, storage media, and/or

other electronic or Internet-capable devices, performed by the probation officer at reasonable times and

in a reasonable manner based on reasonable suspicion of contraband evidence of a violation of

supervision. This may include the retrieval and copying of any prohibited data and/or the removal of

such system for the purpose of conducting a more thorough inspection. The defendant shall provide

written authorization for release of information from the defendant's Internet service provider;

not install new hardware, perform upgrades, or effect repairs on his/her computer system without the

prior permission of the probation officer;

not possess, have access to, or utilize a computer or Internet connection device, including, but not

limited to Xbox, PlayStation, Nintendo, or similar device, without permission of the probation officer.

This condition requires preapproval for categories of computer or Internet access or use; it does not

require separate pre-use approval every time the defendant accesses or uses a computer or the Internet;

provide to the probation officer complete access to all business and personal financial information;

neither possess nor have under his/her control any pornographic matter or any matter that sexually

depicts minors under the age of 18 including, but not limited to, matter obtained through access to any

computer and any matter linked to computer access or use;

Pet. App'x a009

Case 4:25-cr-00017-O

Document 43

Filed 05/30/25

Page 5 of 5

PageID 140

Page 5 of 5

Judgment in a Criminal Case

Defendant: JAMIE HACKNEY

Case Number: 4:25-CR-00017-O(1)

participate in sex-offender treatment services as directed by the probation officer until successfully

discharged, which services may include psycho-physiological testing to monitor the defendant's

compliance, treatment progress, and risk to the community, contributing to the costs of services rendered

(copayment) at the rate of at least $25 per month; and,

participate in an outpatient program approved by the probation officer for treatment of narcotic or drug

or alcohol dependency that will include testing for the detection of substance use, abstaining from the

use of alcohol and all other intoxicants during and after completion of treatment, contributing to the

costs of services rendered (copayment) at the rate of at least $25 per month.

FINE/RESTITUTION

The Court does not order a fine or costs of incarceration because the defendant does not have the financial

resources or future earning capacity to pay a fine or costs of incarceration.

Restitution is not ordered because none has been requested as of this date.

RETURN

I have executed this judgment as follows:

Defendant delivered on _____________________ to ___________________________________

at ________________________________________________, with a certified copy of this judgment.

United States Marshal

BY

Deputy Marshal

Pet. App'x a010

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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