Case: 3:11-cr-00077-wmc Document #: 78 Filed: 10/04/23 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
`
`UNITED STATES OF AMERICA,
`
`MATTHEW HENDRICKSON,
`
`Plaintiff,
`
`Vv.
`
`Defendant.
`
`ORDER
`
`11-cr-77-wme-1
`
`
`
`A hearing on the probation office's petition for judicial review of Matthew Hendrickson’s
`
`supervised release was held on October 3, 2023, before U.S. District Judge William M. Conley.
`
`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. Probation Officer Michael Sutor.
`
`FACTS
`
`From the record, I make the following findings of fact. Defendant was sentenced in the
`
`Western District of Wisconsin on June 18, 2012, following his conviction for distribution of child
`
`pornography in violation of 18 U.S.C. § 2252(a)(2), a Class C felony. Defendant was committed
`
`to the custody of the Bureau of Prisons to serve a term of imprisonment of 144 months, with a life
`
`term of supervised release to follow.
`
`Defendant began his term of supervised release on April 1, 2022. Since then he has
`
`admitted to being exclusively attracted to minors, continued to view child pornography for
`
`purposesof sexual gratification, possessed unauthorized electronics, and going on walks in parks
`
`where he knew children were present. On one occasion, he also admits to having had an
`
`unauthorized, self-described “awkward” conversation with a minor.
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
`
`UNITED STATES OF AMERICA,
`
`MATTHEW HENDRICKSON,
`
`Plaintiff,
`
`Vv.
`
`Defendant.
`
`ORDER
`
`11-cr-77-wme-1
`
`
`
`A hearing on the probation office's petition for judicial review of Matthew Hendrickson’s
`
`supervised release was held on October 3, 2023, before U.S. District Judge William M. Conley.
`
`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. Probation Officer Michael Sutor.
`
`FACTS
`
`From the record, I make the following findings of fact. Defendant was sentenced in the
`
`Western District of Wisconsin on June 18, 2012, following his conviction for distribution of child
`
`pornography in violation of 18 U.S.C. § 2252(a)(2), a Class C felony. Defendant was committed
`
`to the custody of the Bureau of Prisons to serve a term of imprisonment of 144 months, with a life
`
`term of supervised release to follow.
`
`Defendant began his term of supervised release on April 1, 2022. Since then he has
`
`admitted to being exclusively attracted to minors, continued to view child pornography for
`
`purposesof sexual gratification, possessed unauthorized electronics, and going on walks in parks
`
`where he knew children were present. On one occasion, he also admits to having had an
`
`unauthorized, self-described “awkward” conversation with a minor.
`
`
`
`
`
`
`Case: 3:11-cr-00077-wmc Document #: 78 Filed: 10/04/23 Page 2 of 4
`
`Based on these admissions, the court has already added conditions for 6 monthsof location
`
`monitoring andrestrictions on his being near places where children typically gather. Regardless,
`
`he hasalready violated the mandatory condition prohibiting him from committing another federal,
`
`state, or local crime, and Special Condition No. 9 prohibiting him from possessing child
`
`pornography, by possessing an unauthorized smartphone with internet access capability from May
`
`2022 until January 2023, which by his own admission on April 3, 2023, he used to download,
`
`possess, and view child pornography.
`
`Defendant violated Special Condition No. 7 requiring him to provide advancenotice to the
`
`supervising U.S. Probation Officer of any information technology (IT) devices he will use during
`
`the term of supervision. Specifically, he possessed an unauthorized smartphone from May 2022
`
`until January 2023, again as evidenced by his admission on April 3, 2023. In response to
`
`defendant’s April 3, 2023, disclosures, the probation office also conducted a search of defendant’s .
`
`residence on May 9, 2023, and found in his possession additional, unauthorized IT devices,
`
`including an iPod Touch and an external hard drive. While those devices were then sent to a
`
`forensic computer laboratory for analysis to identify the contents, noillicit or prohibited content
`
`was discovered.
`
`Finally, defendant violated Standard Condition No. 3 requiring him to answertruthfully all
`
`inquiries by the supervising U.S. Probation Officer, having falsely reported that he did not have
`
`any unauthorized access to the internet on his monthly supervision reports, forms which he
`
`regularly signed and submitted. So,
`
`too, was defendant untruthful when asked on multiple
`
`occasionsby his supervising U.S. Probation Officer between May 2022 and January 2023 whether
`
`he had possessed any unauthorized IT devices.
`
`
`
`Case: 3:11-cr-00077-wmc Document #: 78 Filed: 10/04/23 Page 3 of 4
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`On September 13, 2023, this court issued a warrant after reviewing the Supplemental
`
`Petitionfor Offender Under Supervision. (Dkt. #69.) Included in that petition was defendant’s self-
`
`written “rules and guidelines,” which outlined his plan to exchange and to engage in ongoing
`
`viewing of child pornography with the likelihood of eventually having sex with a minor. Thisself-
`
`concocted plan further demonstrates the elevated risk defendant presents when comparedto other
`
`persons under supervision for similar offenses. Indeed, defendant’s continued criminal thinking is
`
`cause for significant concern regarding the public’s safety, especially the safety of minor boys
`
`between the ages of 8 to 12 years.
`
`CONCLUSIONS
`
`Nevertheless, the defendant is undergoing ongoing therapy and in the end he committed to
`
`not engaging in any violation of laws protecting minors, including violations of child pornography
`
`laws or any form of hands-on contact or interactions with minors. He has also been warned that
`
`any further acts of dishonesty with the Probation Office or other terms and conditions of
`
`supervision will result in his promptly being brought back before me.
`
`ORDER
`
`IT IS ORDEREDthat the period of supervised release imposed on defendant on June 18,
`2012, is CONTINUEDandheis to be RELEASEDfrom physical custody.
`IT IS FURTHER ORDEREDthat defendant’s conditions of release numbered 23 and 25
`
`are modified as follows:
`
`
`
`
`
`Case: 3:11-cr-00077-wmc Document #: 78 Filed: 10/04/23 Page 4 of 4
`
`SPECIAL CONDITIONS OF SUPERVISION
`
`
`JUSTIFICATION
`
`
`Based on defendant’s history of mental
`23)
`Participate in mental health referral, assessment, and
`
`andproblemshealth needs_for
`
`
`treatment as approved by the supervising U.S.
`continued treatment and/or medication,
`Probation Officer
`and comply with all
`rules,
`as well as to assist in identifying and
`regulations, and recommendations of the mental
`addressing defendant’s acute and stable
`health agency or its representative to the extent
`dynamic risk factors for re-offending.
`approved by the supervising U.S. Probation Officer,
`but to include ongoing sex offender treatment and a
`full psychiatric examination. If defendantis eligible for
`funding from any source to cover the cost of treatment,
`defendantis to make reasonableefforts to obtain such
`funding. Participation in treatment does not require
`payment by defendantunlessit is clear defendant can
`afford it.
`
`Participate for a period of 12 months in a location
`25)
`monitoring program that may include the following
`technologies:
`radio frequency (RF) monitoring,
`passive global positioning system (GPS) monitoring,
`active GPS monitoring,
`or
`voice
`recognition.
`Defendantshall 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.
`
`Based on defendant’s instant offense
`and to addressthe risk defendant poses
`based on his violation behavior,
`
`
`
`Entered this 4th day of October 2023.
`
`
`
`
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