govinfo:USCOURTS-caed-1_06-cr-00136-11

DEFENDANT: DAVID JOHN DEPEW CASE NUMBER: 1:06CR00136-1
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Date of Original Judgment:
(Or Date of Last Amended Judgment)
November 05, 2024
AO 245C-CAED (Rev. 09/2019) Sheet 1 - Amended Judgment in a Criminal Case for Revocation
UNITED STATES DISTRICT COURT
Eastern District of California
UNITED STATES OF AMERICA
v.
DAVID JOHN DEPEW  
FIRST AMENDED JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
Criminal Number: 1:06CR00136-1
Defendant's Attorney: Kellan Steven Patterson, Appointed
THE DEFENDANT:
admitted guilt to violation of charge(s)  as alleged in the violation petition filed on .
was found in violation of conditions of supervision as to charge(s) 3, 4, 5 and 6  after denial of guilt, as alleged in the
violation petition filed on 6/7/2024 .
The defendant is adjudicated guilty of these violations:
Violation Number Nature of Violation Date Violation Ended
Charge 3 Unauthorized Possession of Electronic Devices 4/4/2024
Charge 4 Failure to Answer Truthfully to Probation Officer 4/4/2024
Charge 5 Unlawful Use of a Controlled Substance 4/1/2024
Charge 6 Unauthorized Possession of Pornography 4/4/2024
The court: revokes: modifies: continues under same conditions of supervision heretofore ordered on 4/16/2007 .
The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.
Charge(s) 1, 2 and 7  are dismissed.
Any previously imposed criminal monetary penalties that remain unpaid shall remain in effect.
It is ordered that the defendant shall 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.
11/5/2024
Date of Imposition of Sentence
Signature of Judicial Officer
Kimberly J. Mueller, Senior U. S. District Judge
Name & Title of Judicial Officer
11/20/2025
Date
Case 1:06-cr-00136-TLN     Document 80     Filed 11/20/25     Page 1 of 6
DEFENDANT: DAVID JOHN DEPEW CASE NUMBER: 1:06CR00136-1
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DEFENDANT: DAVID JOHN DEPEW CASE NUMBER: 1:06CR00136-1
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AO 245B-CAED (Rev. 09/2019) Sheet 2 - Imprisonment
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
24 months as to counts 3, 4, 5 and 6, to be served concurrently for a total term of imprisonment of 24 months.
No TSR: Defendant shall cooperate in the collection of DNA.
The court makes the following recommendations to the Bureau of Prisons:
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  on .
as notified by the United States Marshal.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
before  on .
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Officer.
If no such institution has been designated, to the United States Marshal for this district.
Other, Please Specify:
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 United States Marshal
AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
Lifetime.
MANDATORY CONDITIONS
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 controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two (2) periodic drug tests thereafter, not to exceed four (4) drug tests per month.
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The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance
abuse.
You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution.
You must cooperate in the collection of DNA as directed by the probation officer.
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.
You must participate in an approved program for domestic violence.
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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DEFENDANT: DAVID JOHN DEPEW CASE NUMBER: 1:06CR00136-1
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AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
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. 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.
2. 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.
3. 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.
4. You must answer truthfully the questions asked by the probation officer.
5. 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.
6. 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.
7. 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.
8. 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.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. 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).
11. 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.
12. 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.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation Office 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
judgment 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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DEFENDANT: DAVID JOHN DEPEW CASE NUMBER: 1:06CR00136-1
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AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
SPECIAL CONDITIONS OF SUPERVISION
1. You must submit your person, property, house, residence, vehicle, papers, computer, other electronic communications or data
storage devices or media, or office, to a search conducted by a United States probation officer or any law enforcement officer
at any time, based upon reasonable suspicion of unlawful conduct or a violation of a condition of supervision, without a
search warrant. Failure to submit to a search may be grounds for revocation. You must warn any other occupants that the
premises may be subject to searches pursuant to this condition.
2. You must participate in an outpatient substance abuse/alcohol abuse treatment program and follow the rules and regulations
of that program. The probation officer, in consultation with the treatment provider, will supervise your participation in the
program.
3. You must submit to substance abuse/alcohol abuse testing to determine if you have used a prohibited substance. You must not
attempt to obstruct or tamper with the testing methods.
4. You must participate in an outpatient mental health treatment program and follow the rules and regulations of that program.
The probation officer, in consultation with the treatment provider, will supervise your participation in the program.
5. You must consent to third-party disclosure to any employer or potential employer, concerning any computer-related
restrictions that are imposed upon you. This includes any activities in which you are acting as a technician, advisor, or
consultant with or without any monetary gain or other compensation.
6. You must not have direct contact with any child you know or reasonably should know to be under the age of 18, including
your own children, without the permission of the probation officer in advance. You must not loiter within 100 feet of school
yards, parks, playgrounds, arcades, or other places primarily used by children under the age of 18. "Loiter" is defined as "to
remain in an area for no obvious reason." This includes that you do not engage in any occupation, either paid or volunteer,
that causes you to regularly contact known persons under the age of 18. If you do have any direct contact with any child you
know or reasonably should know to be under the age of 18, [including/not including] your own children, without the
permission of the probation officer, you must report this contact to the probation officer within 24 hours. Direct contact
includes written communication, in-person communication, or physical contact. Direct contact does not include incidental
contact during ordinary daily activities in public places.
7. Your residence must be pre-approved by the probation officer. You must not reside in direct view of places such as school
yards, parks, public swimming pools, or recreational centers, playgrounds, youth centers, video arcade facilities, or other
places primarily used by children under the age of 18.
8. You must not possess, own, use, view, or read any material depicting and/or describing sexually explicit conduct involving
adults or children, including computer images, pictures, photographs, books, writings, drawings, videos, or video games.
"Sexually explicit conduct" as defined in 18 U.S.C. § 2256(2) means actual or simulated (a) sexual intercourse, including
genital-genital, oral-genital, or oral-anal, whether between the same or opposite sex; (b) bestiality; (c) masturbation; (d)
sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or pubic area of any person.
9. You must attend, cooperate with, and actively participate in a sex offender treatment and therapy program [which may
include, but is not limited to, risk assessment, polygraph examination, and/or Visual Reaction Treatment]. The probation
officer, in consultation with the treatment provider, will supervise your participation in the program.
10. You must submit to periodic polygraph testing at the discretion of the probation officer as a means to ensure that you are in
compliance with the requirements of your supervision or treatment program.
11. You must not possess or use a computer or any device that has access to any "on-line computer service" unless approved by
the probation officer. This includes any Internet service provider, bulletin board system, or any other public or private
computer network.
12. You must consent to the probation officer and/or probation service representative conducting periodic unannounced
examinations of (a) any computer, or (b) computer-related device, or (c) equipment that has an internal or external modem
that is connected to the internet which is in your possession or control. You must consent to retrieval and copying of all data
from any such computer, computer-related device, or equipment as well as any internal or external peripherals to ensure
compliance with this condition. You consent to removal of such computer, computer-related device, and equipment for
purposes of conducting a more thorough inspection, and analysis.
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DEFENDANT: DAVID JOHN DEPEW CASE NUMBER: 1:06CR00136-1
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DEFENDANT: DAVID JOHN DEPEW CASE NUMBER: 1:06CR00136-1
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AO 245B-CAED (Rev. 09/2019) Sheet 3 - Supervised Release
13. You must consent to having installed on any internet-connected computer, computer-related device, and equipment, at your
expense, any hardware or software systems to monitor the use of such computer, computer-related device, and equipment,
and agree not to tamper with such hardware or software and not install or use any software programs designed to hide, alter,
or delete your computer activities. You consent to not installing new hardware without the prior approval of the probation
officer.
14. You must possess and use only those cellular phones and phone numbers (including Voice over Internet Protocol [VolP]
services) that have been disclosed to the probation officer upon commencement of supervision. Any changes or additions are
to be disclosed to the probation officer prior to the first use.
15. You must participate in a co-payment plan for treatment, testing and/or medication and shall make payment directly to the
vendor under contract with the United States Probation Office. Your co-payment will be determined utilizing a Sliding Fee
Scale based upon your disposable income.
AO 245B-CAED (Rev. 09/2019) Sheet 5 - Criminal Monetary Penalties
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.
TOTALS
Processing Fee Assessment AVAA Assessment* JVTA Assessment** Fine Restitution
$
The determination of restitution is deferred until  . An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.
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.
Restitution amount ordered pursuant to plea agreement $ 
The defendant must pay interest on restitution and a fine 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  fine  restitution
The interest requirement for the  fine  restitution is modified as follows:
If incarcerated, payment of any unpaid criminal monetary penalties in this case is due during imprisonment at the rate of 10%
of the defendant’s gross income per month or $25 per quarter, whichever is greater. Payment shall be made through the Bureau
of Prisons Inmate Financial Responsibility Program.
Other: IT IS FURTHER ORDERED that Mr. Depew’s personal property seized on April 4, 2024, specifically, one Samsung
smartphone and one gray laptop, are to be retained and/or appropriately disposed of by the U.S. Probation Office.
* 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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