USA v. Dobrich
Criminal Case Vermont District Court, Case No. 1:07-cr-00045-jgm

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United States of America United States of America, Plaintiff
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Barbara A. Masterson, AUSA +1 802 951 6725 barbara.masterson@usdoj.gov

Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:

Office Brattleboro
Filed 4/12/2007
County Windsor
Terminated 3/21/2008
Reopened
Magistrate Case
207-mj-00035-jjn
Count 1
Citation Section 18 U.S.C. § 2422.F
Offense Level 4
182422(b) COERCION OR ENTICEMENT OF FEMALE - Used a facility of interstate commerce to attempt to entice an individual under the age of 18 to engage in sexual activity
Count 1s
Citation Section 18 U.S.C. § 2423.F
Offense Level 4
182423(b).F TRANSPORTATION W/INTENT TO ENGAGE IN SEXUAL ACTIVITY W/MINOR - traveled in interstate commerce from New Hampshire to Vermont for purpose of engaging in illicit sexual conduct with another person
Def Custody Status Released
Flag CLOSED
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Legal Document 47 Filed: 3/21/2008, Entered: 3/21/2008 Judgment*Court Filing
JUDGMENT as to Carlo D. Dobrich (1), Count 1, Dismissed on govt's motion; Count 1s, term of imprisonment of 27 months, to be followed by 5 years of S/R with special conditions, including: participate in an approved program of sex offender evaluation and treatment, register as a sex offender as directed by USPO, provide USPO access to any requested financial records, advise USPO of number of computers owned and maintain a complete and current inventory of computer access, not use a computer that has Internet access until a Computer Use Plan is developed and approved by his treatment provider and USPO, not access any computer that utilizes any cleaning or wiping software programs, consent to and cooperate with unannounced examinations of any computer owned or controlled by the dft, consent to third-party disclosure to any employer, potential employer, community service site, or other interested party, of any computer-related restrictions imposed, neither possess nor have under his control any matter that is pornographic, not associate with persons under the age of 18, except in the presence of a responsible adult who has been approved by USPO, not directly or indirectly contact anyone under the age of 18; submit his person, residence, office, or vehicle to a search, and cooperate in the collection of DNA. Drug testing requirement while under supervision is suspended. Court recommends to BOP that dft be designated to FMC Devens and that he participate in sex offender treatment program. Fine wvd; $100 S/A due immediately. Signed by Judge J. Garvan Murtha on 3/20/2008. (kak)
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    Blank 46 Filed: 3/20/2008, Entered: 3/21/2008 SentencingCourt Filing
    MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Sentencing Hearing as to Carlos Dobrich held on 3/20/2008. Dft present w/counsel Robert Fellrath, AFPD. AUSA Barbara Masterson present by for govt. Statements by counsel and dft prior to imposition of sentence. ORDERED: [31] Govt's request for 2-level enhancement for knowing misrepresentation of identity is DENIED. [32] motion for downward departure based on susceptibility to abuse DENIED; [32] motion for non-guideline sentence GRANTED; [32] requests related to supervised release conditions DENIED. Court imposes non-guideline sentence. SENTENCE: Count 1s: term of imprisonment of 27 months, to be followed by 5 years of S/R with special conditions, including: participate in an approved program of sex offender evaluation and treatment, register as a sex offender as directed by USPO, provide USPO access to any requested financial records, advise USPO of number of computers owned and maintain a complete and current inventory of computer access, not use a computer that has Internet access until a Computer Use Plan is developed and approved by his treatment provider and USPO, not access any computer that utilizes any cleaning or wiping software programs, consent to and cooperate with unannounced examinations of any computer owned or controlled by the dft, consent to third-party disclosure to any employer, potential employer, community service site, or other interested party, of any computer-related restrictions imposed, neither possess nor have under his control any matter that is pornographic, not associate with persons under the age of 18, except in the presence of a responsible adult who has been approved by USPO, not directly or indirectly contact anyone under the age of 18; submit his person, residence, office, or vehicle to a search, and cooperate in the collection of DNA. Drug testing requirement while under supervision is suspended. Court recommends to BOP that dft be designated to FMC Devens and that he participate in sex offender treatment program. Fine wvd; $100 S/A due immediately. Court grants govt's motion to dismiss indictment. Dft notified of right to appeal. Dft to report to a facility designated by BOP on 4/22/2008. Dft released on conditions as previously set. (Court Reporter: Coughlin) (kak)
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      Legal Document 45 Filed: 3/19/2008, Entered: 3/19/2008 Supplemental Document
      SUPPLEMENTAL DOCUMENT by Carlo D. Dobrich re: [34] Sentencing Memorandum. (Attachments: # (1) Exhibit I, # (2) Exhibit J, # (3) Exhibit K, # (4) Exhibit L)(Fellrath, Robert)
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        Legal Document 42 Filed: 2/11/2008, Entered: 2/11/2008 Notice of Hearing.Court Filing
        REVISED NOTICE OF HEARING as to Carlo D. Dobrich: Sentencing reset for 3/20/2008 at 01:00 PM in Brattleboro Courtroom before Judge J. Garvan Murtha.(kak)
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          Blank 38 Filed: 1/18/2008, Entered: 1/18/2008 Order on Motion to ContinueCourt Filing
          ORDER granting [35] Motion to Continue Sentencing Hearing as to Carlo D. Dobrich (1). This case shall be removed from the 1/22/2008 hearing calendar. Signed by Judge J. Garvan Murtha on 1/18/2008. (This is a text only Order.) (kbl)
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            Legal Document 37 Filed: 1/18/2008, Entered: 1/18/2008 Sentencing Memorandum
            SECOND SUPPLEMENTAL SENTENCING MEMORANDUM by Carlo D. Dobrich. (Attachments: # (1) Exhibit G, # (2) Exhibit H)(wjf)
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              Legal Document 36 Filed: 1/18/2008, Entered: 1/18/2008 Response in Opposition to Motion
              RESPONSE in Opposition by Carlo D. Dobrich to [35] MOTION to Continue Sentencing Hearing. (Fellrath, Robert)
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                Legal Document 35 Filed: 1/17/2008, Entered: 1/17/2008, Terminated: 1/18/2008 Motion to Continue
                MOTION to Continue Sentencing Hearing by USA as to Carlo D. Dobrich. (Attachments: # (1) Text of Proposed Order, # (2) Certificate of Service)(Masterson, Barbara)
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                  Legal Document 34 Filed: 1/16/2008, Entered: 1/16/2008 Sentencing Memorandum
                  SUPPLEMENTAL SENTENCING MEMORANDUM by Carlo D. Dobrich (Attachments: # (1) Exhibit E, # (2) Exhibit F)(kak)
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                    Legal Document 31 Filed: 1/15/2008, Entered: 1/15/2008 Sentencing Memorandum
                    SENTENCING MEMORANDUM by USA as to Carlo D. Dobrich (Attachments: # (1) Exhibit A, # (2) Certificate of Service)(Masterson, Barbara)
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                      Legal Document 30 Filed: 1/14/2008, Entered: 1/14/2008 Statement by Defendant re: Presentence Report
                      REVIEW OF PRESENTENCE REPORT by Carlo D. Dobrich. (kak)
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                        Blank -- Filed: 1/14/2008, Entered: 1/15/2008 Receipt for Payment (SA/fine/rest/bail)
                        RECEIPT FOR PAYMENT as to Carlo D. Dobrich. Payment of criminal debt in the amount of $100.00, receipt # 4625. (gmg)
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                          Legal Document 29 Filed: 11/8/2007, Entered: 11/8/2007 Notice of Hearing.
                          REVISED NOTICE OF HEARING as to Carlo D. Dobrich: Sentencing reset for 1/22/2008 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (kak)
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                            Blank 28 Filed: 11/8/2007, Entered: 11/8/2007 Order on Motion to ContinueCourt Filing
                            ORDER granting [27] Unopposed Motion to Continue Sentencing Hearing as to Carlo D. Dobrich (1). Objections to the draft presentence report shall be filed by 12/18/2007. This case shall be removed from the 12/10/2007 hearing calendar and continued until 1/22/2008 at 11:00 a.m. in Brattleboro, Vt. Signed by Judge J. Garvan Murtha on 11/8/2007. (This is a text only Order.) (kbl)
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                              Blank -- Filed: 11/8/2007, Entered: 11/8/2007 Set/Reset Deadlines:
                              Set Deadlines as to Carlo D. Dobrich: Objections to draft presentence report due by 12/18/2007. (kak)
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                                Legal Document 27 Filed: 11/7/2007, Entered: 11/7/2007, Terminated: 11/8/2007 Motion to Continue
                                UNOPPOSED MOTION to Continue Sentencing Hearing by Carlo D. Dobrich. (Attachments: # (1) Text of Proposed Order)(Fellrath, Robert)
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                                  Legal Document 26 Filed: 8/14/2007, Entered: 8/15/2007 Notice of Hearing.
                                  NOTICE OF HEARING as to Carlo D. Dobrich: Sentencing set for 12/10/2007 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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                                    Legal Document 25 Filed: 8/14/2007, Entered: 8/14/2007 Scheduling OrderCourt Filing
                                    PROCEDURAL AND SCHEDULING ORDER as to Carlo D. Dobrich: Sentencing set for 12/10/2007 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Signed by Judge J. Garvan Murtha on 08/14/2007. (wjf)
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                                      Blank 24 Filed: 8/14/2007, Entered: 8/14/2007 Change of Plea HearingCourt Filing
                                      MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha: Plea to Information Hearing as to Carlo Dobrich held on 8/14/2007. Dft present w/counsel AFPD Robert Fellrath. AUSA Barbara Masterson present by videoconference for govt. Clerk swears dft and Court makes inquiries. Court informs dft of maximum penalties. Dft waives indictment and pleads guilty to Information. Statement of facts by govt. Plea agreement reviewed. Parties will revise, sign and file an amended plea agreement upon conclusion of hearing. Court makes findings; accepts guilty plea; acceptance of plea agreement deferred. PSR to be completed by USPO. Sentencing set for 12/10/2007 at 11:00 a.m. in Brattleboro before J. Garvan Murtha. Dft released on conditions previously set with ADDED conditions: (1) Paragraph 7(w) of [6] Order Setting Conditions of Release is modified as follows: Dft shall not have a computer in his home or any internet access that is of a personal nature unless authorized by the U.S. Probation Office. The dft may have internet access as it relates to his employment; (2) dft shall sign a release form to allow his supervising USPO access to his treatment records if they are sex offender specific. (Court Reporter: Coughlin) (wjf)
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                                        Legal Document 23 Filed: 8/14/2007, Entered: 8/14/2007 Waiver of Indictment
                                        WAIVER OF INDICTMENT by Carlo D. Dobrich. (wjf)
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                                          Legal Document 22 Filed: 8/14/2007, Entered: 8/14/2007 Plea Agreement
                                          AMENDED PLEA AGREEMENT as to Carlo D. Dobrich. (wjf)
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                                            Legal Document 21 Filed: 8/7/2007, Entered: 8/7/2007 Notice of Hearing.
                                            NOTICE OF HEARING as to Carlo D. Dobrich: Plea to Information Hearing set for 8/14/2007 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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                                              Legal Document 20 Filed: 8/3/2007, Entered: 8/3/2007 Plea Agreement
                                              PLEA AGREEMENT as to Carlo D. Dobrich. (wjf)
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                                                Legal Document 19 Filed: 8/3/2007, Entered: 8/3/2007 Information - Felony
                                                INFORMATION as to Carlo D. Dobrich (1) count(s) 1s. Cy to counsel and USPO. (wjf)
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                                                  Legal Document 18 Filed: 7/17/2007, Entered: 7/18/2007 Search Warrant Returned Executed
                                                  SEARCH WARRANT RETURNED EXECUTED as to Electronic mail ("e-mail") accounts: carloandchris@netzero.net, maintained by NetZero, 2555 Townsgate Road, Westlake Village, California 91361-2650, and smokejumper1969@yahoo.com, maintained by Yahoo! Inc., 701 First Avenue, Sunnyvale, California 98089 on 6/7/2007 and 6/8/2007 in case as to Carlo D. Dobrich (jlh)
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                                                    Blank 17 Filed: 6/13/2007, Entered: 6/13/2007 Order on Motion for Leave to AppearCourt Filing
                                                    ORDER granting [15] Motion for Admission Pro Hac Vice re: Robert A. Fellrath as to Carlo D. Dobrich (1). Signed by Judge J. Garvan Murtha on 6/13/2007. (This is a text only Order.) (kbl, )
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                                                      Legal Document 16 Filed: 6/8/2007, Entered: 6/8/2007 Affidavit
                                                      AFFIDAVIT of Robert Andrew Fellrath re: [15] for Admission of Robert A. Fellrath Pro Hac Vice as to Carlo D. Dobrich. (law)
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                                                        Legal Document 15 Filed: 6/7/2007, Entered: 6/8/2007, Terminated: 6/13/2007 Motion to Appear
                                                        MOTION for Admission of Robert A. Fellrath Pro Hac Vice as to Carlo D. Dobrich. (law)
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                                                          Legal Document 14 Filed: 6/6/2007, Entered: 6/6/2007 Application/Affidavit for Search Warrant
                                                          APPLICATION/AFFIDAVIT for Search Warrant as to Electronic mail accounts: carloandchris@netzero.net and smokejumper1969@yahoo.com as to Carlo D. Dobrich. (wjf)
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                                                            Legal Document 13 Filed: 5/3/2007, Entered: 5/4/2007 Pretrial Scheduling OrderCourt Filing
                                                            CRIMINAL PRETRIAL SCHEDULING ORDER as to Carlo D. Dobrich: Motions due by 8/2/2007. If no motions are filed, a pretrial conference will be noticed before Judge J. Garvan Murtha following the motions filing deadline of 8/2/2007. Signed by Judge J. Garvan Murtha on 5/3/2007. The time to be excluded is 5/3/2007 - 8/2/2007. (wjf)
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                                                              Blank 12 Filed: 5/3/2007, Entered: 5/3/2007 ArraignmentCourt Filing
                                                              MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Arraignment as to Carlo Dobrich held on 5/3/2007. Counsel FPD Michael Desautels appears on behalf of dft. Dft waives personal appearance. AUSA Barbara Masterson present by videoconference for govt. ORDERED: Motions due 8/2/2007. Conditions of release previously imposed remain in effect. (Court Reporter Coughlin) (kak)
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                                                                Legal Document 11 Filed: 5/3/2007, Entered: 5/3/2007 Waiver of Presence at Arraignment
                                                                WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Carlo D. Dobrich. (wjf)
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                                                                  Legal Document 10 Filed: 4/25/2007, Entered: 4/25/2007 Notice of Hearing.
                                                                  REVISED NOTICE OF HEARING as to Carlo D. Dobrich: Arraignment reset for 5/3/2007 10:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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                                                                    Legal Document 9 Filed: 4/13/2007, Entered: 4/13/2007 Notice of Hearing.
                                                                    NOTICE OF HEARING as to Carlo D. Dobrich: Arraignment set for 4/26/2007 10:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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                                                                      Legal Document 8 Filed: 4/12/2007, Entered: 4/13/2007 Indictment
                                                                      INDICTMENT as to Carlo D. Dobrich (1) count(s) 1. (wjf)
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                                                                        Legal Document 7 Filed: 4/5/2007, Entered: 4/9/2007 Warrant Returned Executed
                                                                        ARREST WARRANT RETURNED executed on 3/30/2007 in case as to Carlo D. Dobrich. (jlh)[2:07-mj-00035-jjn]
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                                                                          Legal Document 6 Filed: 4/2/2007, Entered: 4/4/2007 Order Setting Conditions of ReleaseCourt Filing
                                                                          ORDER Setting Conditions of Release as to Carlo D. Dobrich. Signed by Judge William K. Sessions III on 4/2/07. Copy to USMS (jam)[2:07-mj-00035-jjn]
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                                                                            Legal Document (Payment Possibly Required) 5 Filed: 4/2/2007, Entered: 4/4/2007 Financial Affidavit-CJA 23
                                                                            CJA 23 Financial Affidavit by Carlo D. Dobrich. (Document image is sealed) (jam)[2:07-mj-00035-jjn]
                                                                              Request RequestSpace LREF
                                                                              Blank 4 Filed: 4/2/2007, Entered: 4/4/2007 Initial AppearanceCourt Filing
                                                                              MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Initial Appearance as to Carlo D. Dobrich held on 4/2/2007. Dft present w/ counsel M. Desautels; B. Masterson present for govt. Clerk swears dft & Court makes inquiries. Financial affidavit reviewed; FPD appointed to represent dft. Statements re: release or detention. Originally dft was to be temporarily detained however at a subsequent hearing where additional information was presented, the Court released dft on conditions pending trial. Preliminary Examination set for 4/13/2007 02:00 PM in Burlington Courtroom 440 before Hon. Jerome J. Niedermeier. (Court Reporter: Nichols) (jam)[2:07-mj-00035-jjn]
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                                                                                Legal Document 3 Filed: 4/2/2007, Entered: 4/2/2007 Notice of Appearance - Defendant
                                                                                NOTICE OF APPEARANCE: Michael L. Desautels appearing for Carlo D. Dobrich (Desautels, Michael)[2:07-mj-00035-jjn]
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                                                                                  Legal Document 2 Filed: 4/2/2007, Entered: 4/2/2007 Order Appointing Public Defender
                                                                                  ORDER APPOINTING FEDERAL PUBLIC DEFENDER: FPD for Carlo D. Dobrich appointed. (law)[2:07-mj-00035-jjn]
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                                                                                    Blank -- Filed: 4/2/2007, Entered: 4/2/2007 Add and Terminate Attorneys
                                                                                    Attorney update in case as to Carlo D. Dobrich. Attorney Barbara A. Masterson for USA added. Attorney Wendy L. Fuller terminated pursuant to notification from USAO. (jlh)[2:07-mj-00035-jjn]
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                                                                                      Legal Document 1 Filed: 3/30/2007, Entered: 3/30/2007 Complaint
                                                                                      COMPLAINT as to Carlo D. Dobrich (1). (jlh) (Attachment:# (1) Main document# added 4/2/2007.) (jmm)[2:07-mj-00035-jjn]
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