Robert Burke - Rule 11, Plea Agreement

8/6/2019 Robert Burke - Rule 11, Plea Agreement

1/15

U.S. Department of Justice

United States Attorney

Northern District of Iowa

___________________________________________________________________________________________________

401 First Street S.E.

Suite 400

Cedar Rapids, Iowa 52401-1825

July 29, 2011

The Honorable Jon Stuart Scoles

United States Magistrate JudgeUnited States Courthouse4200 C Street SW, Building BCedar Rapids, Iowa 52404

Re: United States v. Robert Burke, CR 11-1004-LRR

Dear Judge Scoles:

I am writing in regard to the Rule 11 hearing scheduled to be held at on Monday, August 1, 2011. The attorneys appearing at the hearing will beTremmel and Mark Brown.

Count 1 of the Superseding Indictment (hereinafter Indictment) chadefendant used and attempted to use minors under the age of 18 to engageexplicit conduct for the purpose of producing visual depictions of such condu

violation of 18 U.S.C. 2251(a) and 2251(e). Count 2 of the Indictment chdefendant knowingly distributed and attempted to distribute visual depictionsengaged in sexually explicit conduct, in violation of 18 U.S.C. 2252(a)(2) 2252(b)(1). Count 3 of the Indictment charges that defendant knowingly recattempted to receive visual depictions of minors engaged in sexually explicitviolation of 18 U.S.C. 2252(a)(2) and 2252(b)(1). Count 4 of the Indictmthat defendant knowingly possessed and attempted to possess visual depicminors engaged in sexually explicit conduct, in violation of 18 U.S.C. 225

and 2252A(b)(2). Count 5 of the Indictment charges that defendant knowinpossessed and attempted to possess visual depictions of minors engaged inexplicit conduct, in violation of 18 U.S.C. 2252A(a)(5)(B) and 2252A(b)(2of the Indictment charges that defendant knowingly possessed and attemptepossess visual depictions of minors engaged in sexually explicit conduct, in 18 U.S.C. 2252A(a)(5)(B) and 2252A(b)(2). Count 7 of the Indictment ch

Case 2:11-cr-01004-LRR Document 23 Filed 07/29/11 Page 1


2/15

July 29, 2011Page 2

STATUTES

The statute charged in Count 1, 18 U.S.C. 2251, provides in pertine

(a) Any person who employs, uses, persuades, induces, entices, any minor to engage in . . . any sexually explicit conduct for theproducing any visual depiction of such conduct or for the purpotransmitting a live visual depiction of such conduct, shall be pu

provided under subsection (e), if such person knows or has reknow that such visual depiction will be transported or transmittany means or facility of interstate or foreign commerce or in orinterstate or foreign commerce or mailed, if that visual depictioproduced or transmitted using materials that have been mailedor transported in or affecting interstate or foreign commerce bymeans, including by computer, or if such visual depiction has abeen transported or transmitted using any means or facility of foreign commerce or in or affecting interstate or foreign commmailed.

(e) Any individual who violates, or attempts or conspires to violatesection shall be fined under this title and imprisoned not less thyears nor more than 30 years . . . .

18 U.S.C. 2256 provides in pertinent part:

For the purposes of this chapter, the term

(1) minor means any person under the age of eighteen years;

(2) (A) . . . sexually explicit conduct means actual or simulate

(v) lascivious exhibition of the genitals or pubic areaperson;

(5) visual depiction includes undeveloped film and videotape, anstored on computer disk or by electronic means which is capabconversion into a visual image . . . .



3/15

July 29, 2011Page 3

2. Defendant knowingly used the referenced minors to engage inexplicit conduct;

3. Defendant voluntarily and intentionally did this for the purposeproducing visual depictions of such conduct; and

4. Visual depictions of such conduct were produced using materpreviously been shipped or transported in interstate or foreign

namely, cameras, memory cards, computers, and hard drives been manufactured outside Iowa.

MAXIMUM AND MINIMUM PENALTIES

Count 1 is punishable by: (1) at least 15 years and not more than 30imprisonment without the possibility of parole; (2) a fine of not more than $2a mandatory special assessment of $100; and (4) a term of supervised relealeast 5 years to life.

OTHER CONSEQUENCES OF THE PLEA

Since this case was brought under the provisions of Chapter 110 of Tdefendant will be required to register as a sex offender.

As a felon, defendant will lose the right to vote, to serve on a jury, to office, and to possess a firearm and ammunition. Other consequences couthe potential for enhanced penalties in the event of any future felony convictFurthermore, defendant could face additional penalties for failure to appear sentencing or any other required court appearances in this matter (up to 10 consecutive prison time pursuant to 18 U.S.C. 3146(b)(1)(A)) and could faconsecutive penalties for committing an offense while on release (up to 10 yfelony and up to one year for a misdemeanor pursuant to 18 U.S.C. 3147)

FACTUAL BASIS FOR THE PLEA

A factual basis for the plea is contained in the attached plea agreeme

MISCELLANEOUS PLEA AGREEMENT PROVISIONS



4/15

July 29, 2011Page 4

DETENTION

Defendant is in custody. Detention is mandatory.

Sincerely,

STEPHANIE M. ROSEUnited States Attorney

By: s/ Mark Tremmel

MARK TREMMELAssistant United States Atto

cc: Mark BrownUnited States Probation



5/15

Case 2:11-cr-01004-LRR Document 23-1 Filed 07/29/11 Page 1 of 11


6/15



7/15



8/15



9/15


C


10/15


C 2 11 01004 LRR D t 23 1 Fil d 07/29/11 P 7 f 11


11/15


Case 2:11 cr 01004 LRR Document 23 1 Filed 07/29/11 Page 8 of 11


12/15




13/15




14/15




15/15

g

Documents

Robert Burke - Rule 11, Plea Agreement