`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
`
`UNITED STATES OF AMERICA,
`
`Plaintiff,
`
`ORDER
`
`v.
`
`11-cr-77-wmc-1
`
`MATTHEW HENDRICKSON,
`
`Defendant.
`
`
`A hearing on the probation office's petition to modify defendant’s conditions of supervised
`
`release was held on August 2, 2023, before U.S. District Judge William M. Conley, following a
`
`status conference last week. The government appeared by Assistant U.S. Attorney Daniel J.
`
`Graber, Defendant was present in person and by counsel William R. Jones. Also present was U.S.
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`Probation Officer Ryan E. Plender.
`
`Defendant wasoriginally sentenced in the Western District ofWisconsin on June 18, 2012,
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`FACTS
`
`following his conviction for distribution of child pornography in violation of 18 U.S.C.
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`§ 2252(a)(2), a Class C felony. Defendant was committed to the custody of the Bureau of Prisons
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`for a 144-month term, with a life term of supervised release to follow. Defendant began his term
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`of supervised release on April 1, 2022.
`
`Defendant has admitted he is exclusively attracted to minors, has continued to view child
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`pornography for purposesof sexualgratification, possession of unauthorized electronics and has
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`been going on walks in parks where he knowschildren are present. On one occasion, he also
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`admits to having had an unauthorized, self-described “awkward” conversation with a minor.
`
`
`
`Case: 3:11-cr-00077-wmc Document #: 66 Filed: 08/02/23 Page 2 of 3
`
`Thus, on June 26, 2023, the court signed a Petition for Summons for Offender under
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`Supervision in response to alleged violations related to conduct that presents risks to minors, as
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`well as conductrelated to unauthorized information technology (IT) devices that were seized from
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`defendant’s residence and sent for forensic evaluation to identify content. At this time, both
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`parties support a continued postponementofthe judicial review to allow for the completion of the
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`IT forensic evaluation findings.
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`However, in the interim, the probation office requested this hearing to address the proposed
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`modifications to the conditions of supervised release in this case to address a more immediate
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`identified risk to the community. Specifically, the probation office presented defendant with the
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`option to modify his conditions of supervision voluntarily in lieu of this formal court hearing by
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`adding location monitoring and a prohibition specifying locations devoted to minors wherehe is
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`not to be present. For reasonsthat remain unclear, the defendant has declined to consentto these
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`modifications.
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`CONCLUSIONS
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`The two additional special conditions (nos. 16 and 17) of supervised release are warranted
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`for the following reasons: (1) despite attempted intervention by the probation office, defendant
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`continues to engage in behavior that puts children in the community at risk; and (2) his admissions
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`that he is exclusively attracted to children sexually, coupled with his visits to places where children
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`ate commonlypresent, heightenstherisk of children being victimized by defendant. The addition
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`of these conditions is sufficient, but not greater than necessary, to monitor defendant’s activities
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`in the community to addresstherisks he currently poses. Regardless, following a colloquy on the
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`record with the defendant, he and his counsel ultimately stipulated to entry of the following two
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`conditions.
`
`
`
`Case: 3:11-cr-00077-wmc Document #: 66 Filed: 08/02/23 Page 3 of 3
`
`IT IS ORDEREDthat defendant’s special conditions of supervision are MODIFIED as
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`ORDER
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`follows:
`
`
`Addition ofSpecial Condition No. 16: Participate for a period of 180 days in a
`location monitoring program that may include the following technologies: passive
`global positioning system (GPS) monitoring or active GPS monitoring. Defendant
`shall abide by the technology requirements implemented at the direction of the
`supervising U.S. Probation Officer. Defendant shall be responsible for the cost of
`location monitoring.
`
`
`Addition ofSpecial Condition No. 17: Defendant shall not go to, or remainat, any
`place for the purpose of observing, communicating with, or spending time with
`minors. Defendant must stay at least 1,000 feet away from any recreational or
`educationalfacility devoted to children, such as schools, playgrounds, skate parks,
`water parks, public parks and swimming pools (if any children are present),
`children’s areas in museums, and toy stores. Exceptions to this condition must be
`approved in advanceby the supervising U.S. Probation Officer.
`
`Entered this 2nd day of August, 2023.
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`BY THE COURT:
`
`
`
`District Judge
`
`
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