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In re Adolph

United States District Court, E.D. Washington

July 5, 2018

Theodore Henry Adolph

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          FREMMING NIELSEN, JUDGE.

         Address of Offender: Spokane, Washington 99201 Name of Sentencing Judicial Officer: The Honorable Win. Frcmming Nielsen, Senior U.S. District Judge Date of Original Sentence: March 2, 2015 Original Offense: Failure to Register, 18 U.S.C. § 225O(a)

         Original Sentence: Prison - 27 Months; Type of Supervision: Supervised Release TSR - 60 Months Asst. U.S. Attorney: Matthew F. Duggan Date Supervision Commenced: January 10, 2018 Defense Attorney: Federal Public Defender Date Supervision Expires: January 9, 2023

         PETITIONING THE COURT

         To issue a summons. The probation officer believes that the offender has violated the following condition(s) of supervision:

         Violation Number Nature of Noncompliance

1 Special Condition # IS: You shall be prohibited from possessing or manufacturing any material, including videos, magazines, photographs, computer-generated depictions, or any other forms that depict sexually explicit conduct involving children or adults, as defined at 18 U.S.C. § 2256(2). Neither shall you enter nor frequent any establishment involved in the sex industry, including but not limited to adult bookstores, massage parlors, and strip clubs. You shall not utilize any sex-related adult telephone numbers. The supervising officer is authorized to monitor compliance in this area by obtaining relative records including but not limited to telephone, Internet, and credit cards.
Supporting Evidence: On January 11, 2018, Mr. Theodore Adolph signed his conditions relative to case number 2:14CR00136-WFN-1, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Adolph was made aware by his U.S. probation officer that he was required to refrain from any possession or manufacturing of pornographic material as defined in 18 U.S.C. §2256(2).
On February 27, 2018, a modification was sought in this case, with the client's approval, requesting a condition be added allowing for the installation of computer software on the client's cellular device to allow for monitoring of the client's Internet usage. This request was granted by the Court on February 27, 2018.
Mr. Adolph is alleged to have violated special condition number 18 by viewing pornographic material on his cell phone occurring between June 22, and June 24, 2018, based on his installed monitoring software, the client's own admission, and polygraph testing.
On June 25, 2018, the undersigned officer received and reviewed the client's weekly Internet usage report and observed You Tube searches for "XXX sex videos," "milfs," "live sex videos" and "virgin teen videos." On June 25, 2018, Mr. Adolph reported to the U.S. Probation Office in Spokane, as directed, at which time Mr. Adolph admitted to viewing pornographic material on numerous occasions over the weekend. Mr. Adolph would later admit during polygraph testing on June 28, 2018, that he viewed pornographic material between June 22, and June 24, 2018, and he believes he did so for less than 20 times.
2 Special Condition #21: You shall have no contact with any child under the age of 18, without the presence of an adult and approved in advance by the supervising officer. You shall immediately report any unauthorized contact with minor-aged children to the supervising officer.
Supporting Evidence: On January 11, 2018, Mr. Theodore Adolph signed his conditions relative to case number 2:14CR00136-WFN-1, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Adolph was made aware by his U.S. probation officer that he was required to refrain from contact with any child under the age of 18 without the presence of an adult and approved in advance by the supervising officer, and that any unauthorized contact must be reported immediately to the undersigned officer.
Mr. Adolph is alleged to have violated special condition number 21 by being in proximity of an 18-month-old child on or about June 10, 2018, without providing notification to ...

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