United States District Court, D. Nevada
G. BOGDEN UNITED STATES ATTORNEY
SHANNON BRYANT UNITED STATES ATTORNEY
GORMAN, ATTORNEY FOR DEFENDANT
POST SENTENCING AGREEMENT RE: RESTITUTION
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.
SCOPE OF AGREEMENT
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
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.
PROCEDURAL HISTORY AND UNDERLYING FACTS
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.
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.
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 ...