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United States v. Harper
United States District Court, E.D. Arkansas, Western Division
March 8, 2017
UNITED STATES OF AMERICA PLAINTIFF
DAVID HARPER DEFENDANT
Webber Wright United States District Judge
above entitled cause came on for hearing on government's
petition to revoke the supervised release [doc #40]
previously granted this defendant in the United States
District Court for the Eastern District of Arkansas. Based
upon the admissions of defendant, the Court found that
defendant has violated the conditions of his supervised
release without just cause.
THEREFORE ORDERED AND ADJUDGED that the supervised release
previously granted this defendant, be, and it is hereby,
FURTHER ORDERED that defendant shall serve a term of
imprisonment of ELEVEN (11) MONTHS in the custody of
the Bureau of Prisons. The Court recommends that defendant
participate in mental health counseling while incarcerated
and that defendant be incarcerated in a facility where he can
participate in sexual offender treatment programs.
will be FIVE (5) YEARS of supervised release
following the term of incarceration with the following
1. All general and standard conditions previously imposed
remain in full force and effect.
2. You must participate in sex offender treatment under the
guidance and supervision of the probation office and follow
the rules and regulations of that program, including
submitting to periodic polygraph testing to aid in the
treatment and supervision process. You must pay for the cost
of treatment, including polygraph sessions, at the rate of
$10 per session, with the total cost not to exceed $40 per
month, based on ability to pay as determined by the probation
office. If you are financially unable to pay for the cost of
treatment, the co-pay requirement will be waived.
3. You must not view or possess any “visual
depiction” (as defined in 18 U.S.C. § 2256)
including any photograph, film, video, picture, or computer
or computer-generated image or picture, whether made or
produced by electronic, mechanical, or other means, of
“sexually explicit conduct” (as defined in 18
U.S.C. § 2256), or any other material that would
compromise your sex offense-specific treatment.
4. You must not enter adult bookstores, strip clubs, or adult
sex-themed entertainment businesses, or any establishments
where such material or entertainment is available.
5. You must not possess and/or use computers (as defined in
18 U.S.C. § 1030(e)(1)) or other electronic
communications or data storage devices or media.
6. You must allow the probation officer to install computer
monitoring software on any computer (as defined in 18 U.S.C.
§ 1030(e)(1)) you use.
7. To ensure compliance with the computer monitoring
condition, you must allow the probation officer to conduct
initial and periodic unannounced searches of any computers
(as defined in 18 U.S.C. § 1030(e)(1)) subject to
computer monitoring. These searches will be conducted to
determine whether the computer contains any prohibited data
prior to installation of the monitoring software, whether the
monitoring software is functioning effectively after its
installation, and whether there have been attempts to
circumvent the monitoring software after its installation.
You must warn any other people who use these computers that
the computers may be subject to searches pursuant to this
8. You must submit your person, property, house, residence,
vehicle, papers, computers (as defined in 18 U.S.C. §
1030(e)(1)), other electronic communications or data storage
devices or media, or office, to a search conducted by a
United States probation officer. Failure to submit to a
search may be grounds for revocation of release. You must
warn any other occupants that the premises may be subject to
searches pursuant to this condition.
9. The probation office will provide state officials with all
information required under any sexual predator and sexual
offender notification and registration statutes and may
direct the defendant to report to these agencies personally
for required additional processing, such as an interview and
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