Client #1: Nelson was a 26 year-old first-time offender with a history of physical and sexual abuse as a child. Nelson first molested a child while staying at the home of a family friend. This abuse occurred over several months before Nelson relocated to a different location. Six years later, Nelson molested another child, at which time he was discovered by the youth's father and arrested.

Offense(s): Nelson pled guilty to one count of Forcible Sodomy of a victim under the age of 13.

Jurisdiction: Circuit Court of Prince William County, Virginia

NCIA's Recommendation: NCIA highlighted several issues in Nelson's background for the Court to consider in determining an appropriate sentence. Specifically, we noted the extreme sexual abuse Nelson suffered as a child, as well as the squalor in which he was raised. In addition, we noted Nelson's absolute contrition about his offense conduct, as well as his notification of his first victim's parents, feeling that therapy might be able to reverse some of the psychological damage he had inflicted on the child. Finally, we noted Nelson's outstanding progress in counseling for sexual offenders over the eight months prior to sentencing.
We recommended that Nelson serve approximately three years in prison followed by intensive community supervision. Central to our recommendation was that his institutional designation be to a facility with a Sex Offender Treatment Program. We also recommended that Nelson remain in treatment for many years after release to ensure he would not recidivate.

Outcome: Nelson was sentenced to ten years incarceration and classified to a sex offender treatment program. His release was to be dependent on successful rehabilitation.

Client #2: Frank was a 45 year-old, first-time offender charged with downloading pornographic images of children. He was a successful businessman with a strongly addictive personality and an interest in adult pornography.

Offense: Frank pled guilty to one count of: Possession of Child Pornography in violation of 18 U.S.C. § 2252(a)(4)(B).

Jurisdiction: United States District Court for the Eastern District of Virginia

Probation Office Recommendation: According to the Probation Office's calculations of the Federal Sentencing Guidelines, Frank's total adjusted offense level was 14 and his criminal history was I. His recommended guideline imprisonment range was thus 15 to 21 months.

NCIA's Recommendation: NCIA highlighted several issues in Frank's background for the Court to consider in determining whether, and to what extent, to grant a downward departure. Specifically, we noted that he best fit the profile of an unsophisticated curiosity seeker whose addictive tendencies led him astray, rather than a pedophile. We also pointed to Frank's extraordinary family responsibilities, as well as the significant progress he had theretofore made in therapy.
We recommended that Frank's offense level be reduced to 10, and that he be sentenced to a three-year term of probation with Court-ordered mandates that he serve the first year of his sentence under community confinement, that he successfully complete his course of treatment, and that he perform 500 hours of community service. We further recommended that Frank's one year term of community confinement be split between six months in a community confinement center, and six months home detention.

Outcome: Frank's plan received conditional acceptance by the Court, which granted a downward departure for post-offense rehabilitation, sentencing Frank to five months imprisonment followed by five months in a community confinement center.

• Bank Fraud
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