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United States v. Vandegrift

United States District Court, D. Nevada

February 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SARAH MARIE VANDEGRIFT, Defendant.

          DANIEL G. BOGDEN UNITED STATES ATTORNEY

          SHANNON BRYANT UNITED STATES ATTORNEY

          LAUREN GORMAN, ATTORNEY FOR DEFENDANT

          SARAH VANDEGRLFT DEFENDANT

          POST SENTENCING AGREEMENT RE: RESTITUTION

         Plaintiff United States of America, by and through DANIEL G. BOGDEN, United States Attorney, and SHANNON BRYANT, Assistant United States Attorney, the defendant SARAH VANDEGRIFT and the defendant's attorney, LAUREN GORMAN, have agreed to the following Post Sentencing Agreement.

         I. SCOPE OF AGREEMENT

         The parties to this Post Sentencing Agreement are the United States of America and SARAH VANDEGRIFT (the defendant). This Post Sentencing Agreement binds the defendant and the United States Attorney's Office for the District of Nevada. It does not bind any other prosecuting, administrative, or regulatory authority, the United States Probation Office, or the Court.

         The Post Sentencing Agreement sets forth the parties' agreement regarding the recommendation to be made in the above criminal matter by the parties related to the issue of restitution. It does not control or prohibit the United States or any agency or third party from seeking any other civil or administrative remedies directly or indirectly against the defendant.

         II. PROCEDURAL HISTORY AND UNDERLYING FACTS

         On June 13, 2016, the defendant pled guilty to a one count information charging her with: (1) Receipt of Child Pornography in violation of 18 U.S.C. § 2252A(a)(2) and (b), and, (2) a forfeiture allegation pursuant to Title 18, United States Code, Section 2253.

         During the investigation, all of the child pornography files recovered from the digital devices belonging to the defendant were sent to the National Center for Missing and Exploited Children (NCMEC) to determine if there ware any previously identified victims in that collection. Some victims were located. Those victims, who had previously requested notice from the Department of Justice when their images or videos are located in such a collection, were notified. After this notification, three victims depicted in the "Sweet Sugar" series, sent the United States Attorney's Office a request for restitution pursuant to 18 U.S.C. §§ 2259, 3664.

         Following receipt of this request, the parties reviewed discovery and discovered that only one of the three victims was depicted in the materials belonging to defendant. The parties entered into negotiations in an attempt to reach a mutually agreeable settlement related to the amount of restitution to be awarded. In conducting these negotiations, the parties considered the following factors set for in United States v. Paroline, 572 U.S. ___, 134 S.Ct. 1710 (2014):

(1) the aggregate losses suffered by the victim due to the circulation of the images;
(2) the number of past criminal defendants found to have contributed to the ...

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