Home > Full text of "The United States V. Hector Orjuela Court"

Full text of "The United States V. Hector Orjuela Court"

The United States v. Hector Orjuela court
documents 2012 to 2014



The documents in this file pertain to the case of Hector Orjuela, who pled guilty in U.S. federal court to
molesting children in China and the United States. In March 2014 he was sentenced to 30 years in
federal prison.



The court documents included in this file were downloaded from the United State's Courts records
database ( www.pacer.gov ). These documents were produced by the government of the United States of
America and therefore are not under copyrights. All of the items included in this file are not under
copyrights and therefore this file may be freely distributed.



These files were downloaded on or before April 8 , 2014. Any files added to Hector Orjuela's case after
that date are not included in this file and should be accessed at www.pacer.gov .

For any questions or comments, please contact me at davestraub@yahoo.com .
David Straub
April 8, 2016.



Index to documents in this file.



Biographical background p. 3

Photographs of Hector Orjuela p. 4

Hector Orjuela's resume p. 6

Lycee francais de Shanghai website notice p. 10

FBI notices p. 11

Shanghai government notice about David McMahon p. 13

112- cr-00281-ESH All Defendants USA v. Orjuela case files p. 15

113- cr-00193-ESH All Defendants USA v. Orjuela case files p. 283
113-mj-00283-DAR All Defendants USA v. Orjuela case files p. 468
113-cr-00178-WDQ All Defendants USA v. Orjuela case files p. 476
112-mj-00955-JMF All Defendants USA v. Orjuela case files p. 491
112-cr-01014 All Defendants USA v. Orjuela case files p. 495



Biographical background



Hector Orjuela's full name is Hector Hugo Orjuela Junior

Orjuela was born March 15, 1966 in Torrence city, Los Angeles County, California. His father
was a professor at the University of California, Irvine.

In 2002 he moved to China to the city of Urumqi in Xinjiang province where he worked for an
English training company called English First. By the time Orjuela left English First, Urumqi in
2004 he had become the Director of Studies.

In 2004 he moved to Shanghai, where he worked for one year as a private tutor until June 2005.

From 2005 to 2008 Orjuela taught at the Deutsche Schule Shanghai, a German school that
primarily serves the German community in Shanghai. In 2009 he was hired by the Lycee francais
de Shanghai, a French language school that shares a campus with the German school. Orjuela
worked in the French school with David McMahon, an American teacher who had previously
taught at Shanghai High School International Division (SHSID) and the Rainbow Bridge
International School Shanghai. In 2011 Orjuela left the French school and rejoined the Deutsche
Schule Shanghai. David McManon would continue to work at the French school until May of
2013.

Orjuela was married to a citizen of China. According to Orjuela's court records she was a doctor
and they had dated for three years before their one year marriage ended in divorce circa 2008.

In November 2012 Orjuela was arrested by the Shanghai police for molesting five-year old twins
during a home tutoring session in their apartment. The twins were students in David
McMahon's kindergarten class at the Lycee francais de Shanghai. In December 2012 Orjuela
was deported to the United States, where he was indicted for molesting the French girls in
Shanghai. In the Spring of 2013 Orjuela was further charged with molesting his niece, who he
visited in the state of Maryland during the summer of 2012. In May 2013 David McMahon was
detained by Shanghai police on accusations that he molested several students at the Lycee
francais de Shanghai, including the twins Orjuela was charged with molesting. In October 2013
Hector Orjuela entered a guilty plea and in March 2014 he was sentenced to 30 years in prison.
David McMahon's trial is scheduled to be held in Shanghai in mid-April 2014.




Photo of
Hector Hugo Q que la Jr.
circa 2012



The following pages are Hector Orjuela's resume that Mr.
Orjuela posted on Esl4korea.com circa 2008.

The resume was downloaded from the following url on
April 7, 2014:

http://esl4koreaxom/korean/teacher/aview.php?idx=1701&menu=m01&s_menu=s02



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Hector Orjuela (p)



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□ No


1701


□ Name


Hector Orjuela (p)


PI Gender


Male


□ Nationality


USA


□ Starting Date




PI Desired Location


Not specified


H Birth Date




El Marital Status


Single


El Desired Teaching Level


Not specified


El Saturday Work


Not specified


El Degree you have


4-Year BA/BS


□ Major


EDUCATION


El Minor




Teaching certificate




El Desired Pay Per Month


Not specified


El Desired Housing

□ Teaching experience


Single Housing


Yes 16 years


□ Visited Korea before





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PI Cover letter








AREAS OF EXPERTISE




Effective Listening — TESL Preparation — Curriculum Development




Use of Manipulative Technology Integration — Learning Centers




Literature Circles — 1 nteractive Games — Phonics — Team Teaching




Writer's Workshop




CAREER ACHIEVEMENTS & HIGHLIGHTS




Augmented student learning through one- on- one- instruction for non-




English speaking




students; partnered student with advanced bilingual student ensuring a




comfortable learning




experience and ability to actively participate in the learning process.




Increased reading levels devoting additional time on Reading and




Language Arts within the




classroom; effectively altered lessons to accommodate lower reading and




language levels.




Motivated students to take charge of their own learning and set their own




goals.




Documented progress, enhancing student improvement in both




understanding and




performance.




Maintained effective behavioral management within the classroom by




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Enriched and extended literacy levels among students by coordinating




student group




performances of Reader's Workshop student plays.




FnilCATIDN & Ol IAI IFICATIONS




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April 1999- August 1999




TEACHING ENGLISH AS A SECOND LANGUAGE CERTIFICATE




PROGRAM (TESL)




I INIVFRSITY OF CAI IFORNIA IRVINF

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June 1990




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Supplementary Authorization - Introductory English




UNIVERSITY OF CALIFORNIA, IRVINE




Irvine California U.S.A.




September 1984, June, 1988




BACHELORS OF EDUCATION




TEACHING EXPERIENCE




THE GERMAN SCHOOL - DEUTSCHE SCHULE SHANGHAI




Shanghai China




August 2005 - June 2008




Kindergarten and Elementary School English Teacher




Instruct Kindergarten to 4th Grade curriculum, designing and developing




programs to meet




the academic intellectual and social needs of students.




Assess student performance through anecdotal records, student-teacher




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Practice practical classroom activities appropriate for young learners, as




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improving their speaking, writing, reading and listening ability.




Responsible for teaching Drama, and Spanish during the Extra Curricular




Activities.




PRIVATE TUTOR




Shanghai, China




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Responsible for assisting college and high school students in English (




mainly listening and




speaking activities)




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Devised lessons, which captured the children's imaginations for e.g.,




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well- known works of scenes from historical events and having the children




act them out




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communications




taught songs and games.




EF ENGLISH FIRST




UrumGji, China




July 2002, March 2004




DIRECTOR OF STUDIES




* Prepared objectives and outlines for courses of study and assisted in




developing curriculum




Counseled students when adjustment and academic problems arose and





met with parents.




Prepared, administered, and corrected tests: kept attendance and grade




records.




Created a safe, satisfied and happy atmosphere within students and staff




members.




Created high standards of teaching quality and customer service.




COLEGIO INTERAMERICANO




Ciudad de Guatemala, Guatemala




January 2001- November 2001




Worked as a First Grade Language, Science, Mathematics, and Social




Studies Teacher




* Developed and conducted classroom lessons in Language Arts, Science,




Mathematics and




and Social Studies.




Reinforced material by involving non- English speaking parents in the




classroom and school




activities.




Worked extensively with individual students in beginning reading program




Used cultural activities, songs, and materials to enhance learning and




self- esteem




WALL SREET INSTITUTE




Bogota, Colombia




March 1998 - December 2000




Service Manager




Collaborated with faculty members on joint- class activities that included




school




government, plays, programs, and guest speakers.




Responsible for giving classes to adults and helped them with their




grammar and vocabulary




difficulties.




In charge of The Social Club Activities that included games, Cinema Club,




The Breakfast




Club, The Chatting Club, etc.




FUNDACION NUEVO MARYMOUNT




Bogota, Colombia




June 1995- January 1998




Elementary School English Teacher




Worked with children in theatrical presentations and cooking projects.




In charge of the Song and Dance Contest in which all the Elementary




children had to invent




and represent their own songs to parents at the Cultural Week, every six




months.




Read short stories in which children wrote summaries about their favorite




characters.




Played spelling bee contests and games




ROCHESTER SCHOOL




Bogota, Colombia




November 1992- June 1995




Elementary School English and Science Teacher




Taught Science for Kindergarten, First, and Second Grade levels.




Homeroom teacher for fifth graders.




Responsible for The Creative English Class, which included vocabulary,




spelling and music.




English teacher for Second, Third, and Fourth Grade groups.



^Tlf 45-5^1 cfl-f ofl* 2]J=LS 1102^4)150-891

tflA: | ^�J4 < a^l-f-^-'JiS : 107-87-42637 ] -frS.^ ^ �7fl A}<g ^^7}^^} ^i&S. : 2010-3180120-14-5-00006

Tel: 02)364-0591, 02)364-0595, 02)785-0596 / H.P : 010-2204-1141 / Fax : 02)364-0592
E-Mail : master@esl4korea.com / Copyright(C) 2005 By ESL4KOREA. All Right Reserved.



http://lyceeshanghai.com/spip.php77article1 01 0&campus=qingpu




■nil

Campus de Qingpu


Intranet : 1 I


LYCEE FRANCAIS
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Condamnation Hector Orjuela


Calendrier


Shanghai, le 11 mars 2014


Menus


La justice US a rendu son jugement le 6 mars concernant Hector Orjuela, le condamnant a 30 ans de
prison puis liberie surveillee pour acte de pedophilie sur mineurs. Sa condamnation fait notamment suite
au depot de plainte en novembre 2012 d'une famille residant a Shanghai pour agression sexuelle dans le
cadre de cours particuliers.

Cette information a ete relayee dans les medias chinois depuis le weekend dernier.
Hector Orjuela avait ete enseignant au LFS de septembre 2009 a juin 201 1.

Nos pensees vont vers les enfants victimes et leurs parents. Nous esperons que ce jugement pourra
apaiser leur douleur.


Offres d'emploi


Qualite de I'air


Projet nouveau campus


Agenda




Shanghai, 11 March 2014




The U.S. Justice delivered its judgment on March 6 against Hector Orjuela, sentencing him to serve 30
years in prison followed by a lifetime of supervised release for children molestation. His conviction
followed the complaint made in November 2012 by an expat family. This complaint was for sexual assault
against their children during private classes.

This information has been published in the Chinese media since last weekend.
Hector Orjuela was employed as a teacher at LFS from September 2009 to June 201 1.




Our thoughts go to the children and their parents. We hope that this judgment would ease their pain.








Campus de Qingpu : 350, Gao Guang Lu, Qingpu District Campus de Pudong : 1555, Jufeng Lu, Pudong District
201702 Shanghai (Chine) Tel : (8621)3976 0555 Fax : (8621)3976 0577 201208 Shanghai (Chine) Tel : (8621)6897 6589 Fax : (8621)6897 6576

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Former English Tutor Pleads Guilty to Sexual
Exploitation of Children in China and the United States



33 a Washington Field Office Links



Office of Public Affairs

(202) 514-2007/ (202) 514-1B8B



WASHINGTON— Hector OrjuelaJ r., 47, admitted today to molesting children under the age of 12 and
producing child pornography, announced Acting Assistant Attorney General Mythili Raman of thej ustice
Department's Criminal Division, Assistant Director in Charge Valerie Parlaveof the FBI's Washington
Field Office, and Principal Deputy Assistant Secretary Gregory B. Starr of the Department of State's
Bureau of Diplomatic Security.

Orjuela pleaded guilty today before U.S. District Court J udge Ellen Segal Huvelle in the District of
Columbia to two counts of engaging in and attempting to engage in illicit sexual conduct in a foreign place
and one count of producing child pornography.

According to court documents, Orjuela is a U.S. citizen who worked as an English teacher and tutor in
Shanghai, China. In J uly 2012, Orjuela traveled to Maryland and molested a female minor under theage
of 12 and produced child pornography of the molestation. Thereafter, in August 2012, Orjuela traveled to
China and molested one minor female and attempted to molest another under theage of 12 who were
residing in China at that time. Orjuela traveled back to the United States in early November 2012 and
then returned to China later that month, where he continued to molest the same two female minors.



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Orjuela faces a mandatory minimum penalty of 15 years and a maximum penalty of 30 years in prison
the count of production of child pornography and a maximum penalty of 30 years for each count of
traveling in foreign commerce and engaging in and attempting to engage in illicit sexual conduct with



for



This case was brought as part of Project Safe Chi Idhood, a nationwide initiative to combat the growing
epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of J ustice. Led
by U.S. Attorney's Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS),
Project Safe Chi Idhood marshals federal, state and local resources to better locate, apprehend, and
prosecute individuals who exploit children via the I nternet, as well as to identify and rescue victims. For
more information about Project Safe Childhood, please visit www.justice.gov/psc.

This case is being prosecuted by Trial Attorneys Sarah Chang and Mi Yung Park of the Criminal Division's
Child Exploitation and Obscenity Section, with assistance from the U.S. Attorney's Offices for the District
of Columbia and the District of Maryland. This case is a result of investigative efforts led by theFBI
Washington Field Office; FBI Beijing Legat Office; U.S. Department of State, Bureau of Diplomatic
Security's Regional Security Office in Shanghai; Shanghai Public Security Bureau's International
Cooperation Division; Shanghai Criminal Investigation Division; and Shanghai Exit and Entry Bureau.



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Updates



Former English Tutor Sentenced for Sexually
Exploiting Children in China and the United States



g@ g Washington Field Office Links



Office of Public Affairs

(202| 514-2007/ (202) 514-1888



WASH I NGTON— Hector Orjuela J r. r 47, was sentenced today to serve 30 years in prison, followed by a
lifetime of supervised release, for molesting children under the age of 12 and producing child
pornography, announced Acting Assistant Attorney General Mythili Raman of thej ustice Department's
Criminal Division, Assistant Director in Charge Valerie Parlaveof the FBI's Washington Field Office, and
Assistant Secretary of State for Diplomatic Security Gregory B. Starr.

Orjuela pleaded guilty on October 3, 2013, before U.S. District Court J udge Ellen Segal Huvellein the
District of Columbia to two counts of engaging in and attempting to engage in illicit sexual conduct in a
foreign place and one count of producing child pornography.

According to court documents, Orjuela is a U.S. citizen who worked as an English teacher and tutor in
Shanghai, China. In J uly 2012, Orjuela traveled to Maryland and molested a girl under the age of 12 and
produced child pornography of the sexual abuse. In August 2012, Orjuela traveled to China and molested
one girl and attempted to molest another, both of whom were under the age of 12 and residing in China at
that time Orjuela traveled back to the United States in early November 2012 and then returned to China
later that month, where hecontinued to molest the same two young girls.

This case is a result of investigative efforts led by the FBI Washington Field Office with assistance from
the FBI Beijing Legat Office; the U.S. Department of State's Bureau of Diplomatic Security's Regional
Security Office in Shanghai; the Shanghai Public Security Bureau's I nternational Cooperation Division; the
Shanghai Criminal Investigation Division; and the Shanghai Exit and Entry Bureau. This case was
prosecuted by Trial Attorneys Sarah Chang and Mi Yung Park of theCriminal Division's Child Exploitation
and Obscenity Section, with assistance from the U.S. Attorney's Offices for the District of Columbia and
the District of Maryland.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat thegrowing
epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of J ustice Led
by U.S. Attorney's Offices and theCriminal Division's Child Exploitation and Obscenity Section (CE05),
Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and
prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For
more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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FBI.gov is an offidal site of the U.S. government. U.S. Department of J ustice



The following page is a notice of the arrest of David McMahon posted on the Shanghai government
website. Hector Orjuela is the unnamed individual described in the last sentence as "a colleague of
McMahon."

This page was posted on the Shanghai government website on June 6, 2013.




Monday, Apr. 7, 2014
Sunday, March 16, 2014
M 10�C~21�C



Chinese(GB) [ Chinese(BIG5)



Your current location:Home � City News



Expat teacher arrested in molestation



06.14.2013



A teacher at the Lycee Francais de Shanghai has been arrested with approval of prosecutors after being accused of abusing
six students - five French and one Italian from six to 10 years old - at school.

US citizen David D McMahon, 32, an English teacher, was arrested for child molesting by Shanghai police, official announced
yesterday.

The suspect made the victims, four girls and two boys, take off their clothes after he took them to the library or an unoccupied
space at the school, telling them he was going to check their homework, the Shanghai prosecution authority stated on its
website yesterday. A six-year-old American student told police that he saw McMahon molesting a classmate.

If proven guilty, McMahon likely would be sentenced to at least five years in prison in China, according to the Chinese law,
officials said.

McMahon was reported by one of the French girls and her mother on May 12. The victim said her English teacher had
molested her several times since September. He was detained the next day.

A colleague of McMahon, also an American and described as a friend of McMahon's, was extradited to the United States at the
end of last year on similar charges, officials said.




The following documents are associated with:

112-cr-00281-ESH All Defendants USA v.

ORJUELA



l:12-cr-00281-ESH All Defendants USA v. ORJUELA
Date filed: 12/20/2012
Date of last filing: 03/26/2014



History



Doc.
No.


Dates


Description


1


Filed: 12/06/2012
Entered: 12/07/2012


Q Complaint




Filed: 12/20/2012
Entered: 12/21/2012


�H Case Unsealed


2


Filed: 12/20/2012
Entered: 12/21/2012


& Indictment




Filed: 02/06/2013
Entered: 02/07/2013


<J Arrest




Filed: 02/06/2013
Entered: 02/07/2013
Terminated: 02/06/2013


Motion to Appoint Counsel




Filed: 02/06/2013
Entered: 02/07/2013
Terminated: 02/06/2013


�i Motion for Temporary Detention




Filed: 02/06/2013
Entered: 02/07/2013


Q Order on Motion to Appoint Counsel


3


Filed: 02/06/2013
Entered: 02/07/2013


Wr Arrest Warrant Returned Executed


4


Filed: 02/06/2013
Entered: 02/07/2013


Q Arrest Warrant Returned Executed




Filed & 02/07/2013
Entered:


Notice of Hearing




Filed & 02/07/2013
Entered:


Set/Reset Hearings


5


Filed & 02/08/2013
Entered:


Qi Notice of Attorney Appearance - USA


6


Filed & 02/08/2013
Entered:


�J Notice of Attorney Appearance - USA


7


Filed & 02/08/2013
Entered:
Terminated: 02/11/2013


Motion for Protective Order




Filed & 02/11/2013
Entered:


Q Add and Terminate Attorneys





Filed & 02/H/2013
Entered:

TWminn Wl • 07/1 1 /701 1


Motion to Commit Defendant to Custody of Attorney

General




Filed & 02/11/2013

H/Illtl ell.


Order on Motion to Commit Defendant to Custody of

r\. IIU1 lie j vjcllcl al


8


Filed & 02/11/2013

IMlLcI ell.


�J Notice of Attorney Appearance - Defendant


9


Filed & 02/11/2013


Order




Filed & 02/13/2013

Hflllcl Cllt


Notice of Hearing


10


Filed & 02/13/2013
Entered:


^ Detention Memorandum




Filed & 02/22/2013
Entered:


O Status Conference


11


Filed & 03/11/2013
Entered:

TWminntprl* 01/17/7011

1 LI IllllldltU. L�/�\JLJ


Motion to Continue




Filed & 03/12/2013
Entered:


Order on Motion to Continue




Filed & 03/12/2013
Entered:


^ Terminate Deadlines and Hearings


12


Filed & 04/23/2013
Entered:

TWirnnntprl • 04/74/701 1
i criiiiiid icii • ui/ii/iuio


O Motion to Vacate




Filed & 04/24/2013
Entered:


Order on Motion to Vacate


13


Filed & 04/24/2013
Entered:


^ Order for Routine Processing


14


Filed & 05/21/2013
Entered:

TWrninntori • 05/77/701 1

1 cl lllllld IcU • Uj/-i/M(llJ


Motion to Continue




Filed & 05/22/2013
Entered:


Order on Motion to Continue




Filed & 05/22/2013


<J Set/Reset Hearings


15


Filed & 06/06/2013
Entered:
Terminated: 06/07/2013


& Motion to Continue


16


Filed & 06/06/2013


O Notice of Proposed Order









17


Filed & 06/07/2013


Q Order on Motion to Continue


18


Filed & 07/03/2013


Q Notice of Attorney Appearance - Defendant


19


Filed: 07/09/2013

Fntprprl- 07/10/7011


d Letter




Filed & 07/11/2013

LH nrprprl *
IMlLcI ell.


Status Conference


20


Filed: 07/15/2013
Entered: 07/19/2013


$ Letter




Filed & 07/29/2013
Entered:


^ Terminate Deadlines and Hearings


21


Filed & 07/30/2013
Entered:

TprminntpH- 07/11/2011


Motion to Continue




Filed: 07/31/2013

FntprpH • 08/05/701 1
11 lei ell • \JO/\JD/�\JlJ


Q Set/Reset Deadlines/Hearings


22


Filed: 07/31/2013

Fntprprl • 08/05/701 1


Order on Motion to Continue




Filed & 09/10/2013

IUILcI ell.


i*l Order




Filed & 09/23/2013

H/Illtl ell.


Notice of Hearing




Filed & 09/23/2013


Q Set/Reset Deadlines/Hearings




Filed: 10/02/2013

FntprpH- 10/01/7011


& Plea Agreement Hearing


23


Filed: 10/02/2013

FnfprpH- 10/01/7011


Waiver of Trial by Jury


24


Filed: 10/02/2013

FntprpH* 10/01/7011
rL 11 lei ell � lu/vj/Avlj


9 Plea Agreement


25


Filed: 10/02/2013

FtifprPfl- 10/01/7011


Statement of Offense


26


Filed & 10 /03/2013

h nrPFPfl *

J_!j111C1 CUt


$ Order




Filed & 10 /29/2013
Entered:


�J Order on Motion to Continue




Filed & 10 /29/2013
Entered:


•J Set/Reset Hearings



27


Filed & 10/2 9/2013
Entered:

TWininnWI' 10/7Q/7011


�1 Motion to Continue




Filed & 10/31 /2013

HJlltl ell.


9 Order




Filed: 10/31/2013
Entered: 11/01/2013


Set/Reset Deadlines/Hearings


29


Filed & X2/16/2013
Entered:


�J Response to document


30


Filed & 12 /i9/2013
Entered:

TWminnWI • 1 7/77/701 1


& Motion to Continue




Filed & 12 /27/2013

Lh iirprprl *
IMlltl tu.


^ Order on Motion to Continue




Filed & 12 /27/2013
Entered:


■S? Set/Reset Hearings




Filed & 01/02 /2014
Entered:


<D Order


31


Filed & Ql/13/2014
Entered:

TWminntpH* 01/17/7014

1 cl IllllldlcU. l/�/�//^l/� 4 t


Motion to Continue




Filed & 01 / 17 /2014

LH IlT�-t*�-rl •

Hdlltl tu�


Order on Motion to Continue


33


Filed & 2/i4/2014


9 Recommendation of PSI Report


34


Filed & 02/14/2014

lH iirprprl *
IMlltl tU .


d Sentencing Memorandum


39


Filed & 02/26/2014

lH nrprprl *
IMlltl ell.


d Notice (Other)


40


Filed & 03/02/2014

lH iirprprl *


CJ- Sentencing Memorandum


41


Filed & 03/05/2014

Ullltl tU .


9 Notice (Other)




Filed: 03/06/2014

Fnt�nwl • 01/07/701 1


Sentencing


46


FilpH* 03/10/2014
Entered: 03/12/2014


"i-J-T TllHoiTIPTlt


47


Filed: 03/11/2014
Entered: 03/12/2014


^ Statement of Reasons


48


FUed & 03/18/2014


�J Notice of Appeal - Final Judgment









49


Filed & 03 / 19 /20l4
Entered:


■Ql Transmission of Notice of Appeal and Docket Sheet to

USCA




Filed: 03/26/2014
Entered: 03/27/2014


s>USCA Case Number



Case l:12-cr-00281-ESH Document 1 Filed 12/06/12 Page 1 of 1

AO 91 (Rev. 1 1/1 1) Criminal Complaint

United States District Court

for the



United States of America
v.



Hector Orjuela, Jr.



Defendant(s)



)
)
)
)
)
)



Case No.



CRIMINAL COMPLAINT



I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of September 1 1-November 28, 2012 begun and committed

outside a State or District of the United States , the defendant(s) violated:

Code Section Offense Description

18 U.S.C Section 2423(c) Travel in foreign commerce and engaging in illicit sexual conduct



This criminal complaint is based on these facts:



Sf Continued on the attached sheet.



Sworn to before me and signed in my presence.



Complainant 's signature



Printed name and title



Date:



Judge 's signature



City and state:



Printed name and title



Filed:
Entered:



12/20/2012
12/21/2012



Case unsealed at the magistrate level as to HECTOR ORJUELA, JR. (mlp)



Case l:12-cr-00281-ESH Document 2 Filed 12/20/12 Page 1 of 2



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Holding a Criminal Term

Grand Jury Sworn in on May 7, 2012

UNITED STATES OF AMERICA : CRIMINAL NO.

v. :

HECTOR ORJUELA, JR. : VIOLATIONS:

: 18 U.S.C. � 2423(c)
: (Engaging in illicit sexual conduct in
Defendant. : foreign places)

INDICTMENT

The Grand Jury charges that:

COUNT ONE

Between on or about August 13, 2012 and on or about November 28, 2012, the defendant,

HECTOR ORJUELA, JR., a citizen of the United States with no last known residence in the

United States, did or attempted to travel in foreign commerce and engage in illicit sexual conduct

outside the jurisdiction of any particular state or district of the United States but within the

extraterritorial jurisdiction of the United States and, therefore, pursuant to Title 18, United States

Code, Section 3238, within the venue of the United States District Court for the District of

Columbia, with Jane Doe #1, another person less than 18 years of age.

(Engaging in illicit sexual conduct in foreign places, in violation of Title 18, United
States Code, Section 2423(c) and (e).)

COUNT TWO

Between on or about August 13, 2012 and on or about November 28, 2012, the defendant,
HECTOR ORJUELA, JR., a citizen of the United States with no last known residence in the
United States, did or attempted to travel in foreign commerce and engage in illicit sexual conduct



Case l:12-cr-00281-ESH Document 2 Filed 12/20/12 Page 2 of 2



outside the jurisdiction of any particular state or district of the United States but within the

extraterritorial jurisdiction of the United States and, therefore, pursuant to Title 18, United States

Code, Section 3238, within the venue of the United States District Court for the District of

Columbia, with Jane Doe #2, another person less than 18 years of age.

(Engaging in illicit sexual conduct in foreign places, in violation of Title 18, United
States Code, Section 2423(c) and (e).)

NOTICE OF FORFEITURE

Notice is hereby given that the following property is subject to forfeiture in accordance
with 18 U.S.C. � 2428 and/or 21 U.S.C. � 853:

(a) all property used or intended to be used to commit or to facilitate the commission of the
violations alleged in this Indictment;

(b) all property which is proceeds of such violations; and,

(c) in the event that any property described in (a) and (b) cannot be located upon the
exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been
placed beyond the jurisdiction of the court; has been substantially diminished in value; or has been
commingled with other property which cannot be divided without difficulty, all other property of
the defendant, pursuant to � 853(p), to the extent of the value of the property described in (a) and
(b).

A TRUE BILL:
FOREPERSON

Section Chief, Child Exploitation and
Obscenity Section, Criminal Division
U.S. Department of Justice



Filed:
Entered:



02/06/2013
02/07/2013



Arrest of HECTOR ORJUELA, JR. (kk)



Filed: 02/06/2013
Entered: 02/07/2013
Terminated:02/06/20\3



O Motion to Appoint Counsel



ORAL MOTION by Defendant HECTOR ORJUELA, JR. to Appoint Counsel on an Interim
Basis, (kk)



Filed: 02/06/2013
Entered: 02/07/2013
Terminated:02/06/20\3



Motion for Temporary Detention



ORAL MOTION by USA for Temporary Detention for Defendant HECTOR ORJUELA, JR.
(3-day hold request), (kk)



Filed: 02/06/2013
Entered:02IOH20\3



Q Order on Motion to Appoint Counsel



Full docket text:

Minute Entry for Initial Appearance and Arraignment as to HECTOR ORJUELA, JR.
held before Magistrate Judge Alan Kay on 2/6/13 : The defendant intends to retain
counsel. Oral Motion by HECTOR ORJUELA, JR. to Appoint Counsel on an Interim
Basis, heard and granted. Assistant Federal Public Defender, Tony W. Miles,
appointed to represent the defendant until counsel has been retained. Plea of Not
Guilty entered by HECTOR ORJUELA, JR. to Counts 1-2. Oral Motion by USA for
Temporary Detention for the defendant, (3-day hold request), heard and granted.
Detention Hearing set for 2/11/13 at 1:30 PM in Courtroom 4 before Magistrate
Judge Deborah A. Robinson. Counsel directed to contact Judge Huvelle's courtroom
deputy to schedule the time for the status hearing to be held on 2/14/13. Bond
Status of Defendant: Defendant Held Without Bond. Defendant
committed/commitment issued. Court Reporter: Bowles Reporting Service - Ctrm. 7.
Defense Attorney: Tony Miles; Govt. Attorney: Ari Redbord for Sarah Chang; Pretrial
Officer: Saul Atencio. (kk)



Case l:12-cr-00281-ESH Document 3 Filed 02/06^13 fa^g^ly



AO 442 (Rev. 11/11) Arrest Warrant



United States of America

v.



United States District Court

for the

District of Columbia ^f/^ ■=�

r~n
n

i



Case. 1:1 2-mj-955 �r^^J fl ...o- :

Assigned To : Magistrate Judge John M. Faccrola
Assian Date . 12/06/2012 ]>
Description: Criminal Complaint And Arrest Vterranl ; (



Hector Orjuela, Jr.



)



Defendant



FILEE?



ARREST WARRANT FEB 6 2013



To: Any authorized law enforcement officer \ B ™}™� tc J t
J Courts for the District of Columbia

YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name of person to be arrested) Hector Orjuela, Jr.

who is accused of an offense or violation based on the following document filed with the court:

□ Indictment □ Superseding Indictment □ Information □ Superseding Information Slf Complaint

□ Probation Violation Petition □ Supervised Release Violation Petition □Violation Notice □ Order of the Court

This offense is briefly described as follows:
Travel in foreign commerce and engaging in illicit sexual conduct, in violation of 18 U.S.C. Section 2423(c)



V



Date: DEC 6^



City and state: District pf ColUfnbi;




Printed name and title



Return

TT



This warrant was received on (date) 'x. , and the person was arrested on (date) : ^Jj i j t 3

at (city and state) ^ stT�--f Q\ H - ^K'^ftVpi rfcVw / '



Date: thm




AMtwttng officer 's signature

/kk* TWy

Printed name and title



Case l:12-cr-00281-ESH Document 4 Filed 02/06/13 Page 1 of 1



AO 442 (Rev. 1 1 /II) Arrest Warrant



9075227




United States District Court



for the
District of Columbia



United States of America
v.



Hector Orjuela, Jr.



Defendant



Case No.



ARREST WARRANT



To: Any authorized law enforcement officer



t— >

1 -r*



W�12-28t-ol
FILED�r

FEB 6 2013 ^ u

Clerk. U.S. District & Bankruptcy
Courts for the District of Columbia



YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay

(name of person to be arrested) Hector Orjuela, Jr. ,
who is accused of an offense or violation based on the following document filed with the court:

Indictment □ Superseding Indictment □ Information □ Superseding Information CI Complaint
□ Probation Violation Petition □ Supervised Release Violation Petition □ Violation Notice □ Order of the Court

This offense is briefly described as follows:
Travel in foreign commerce and engaging in illicit sexual conduct, in violation of 18 U.S.C. Section 2423(c)



Date: _ , e #

„ Issuing officer's signature

cityandstate: District of Colu mbia f MAS^RATE JUDGE.



Printed name and title



Return



_ j _ y

This warrant was received on (date) \ V 3 '. U ^ ; and the person was acrested on (date) fl>



2 1 I /if J!

Date: Jbj)^__ (l?^�f*?2'K

• -Ar*esftn~g officer's signature

j^pJ^^M^E



Printed name and title



Filed & Entered: 02/07/2013



# Notice of Hearing



NOTICE OF HEARING as to HECTOR ORJUELA, JR: Status Conference set for
2/14/2013 at 2:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf)



Filed & Entered: 02/07/2013



O Set/Reset Hearings



Set/Reset Hearings

Set/Reset Hearings as to HECTOR ORJUELA, JR. : Status Conference set for 2/14/13 at
2:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (kk)



Case l:12-cr-00281-ESH Document 6 Filed 02/08/13 Page 1 of 1

AO 458 (Rev. 06/09) Appearance of Counsel

United States District Court

for the
District of Columbia



United States of America

Plaintiff
V.

Hector Orjuela, Jr.



Defendant



Case No. 12-CR-00281 ESH



APPEARANCE OF COUNSEL



To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:
Plaintiff, the United States of America



Date:



02/08/2013



/s/ Sarah Chang



Attorney's signature



Sarah Chang, NY 4844700



Printed name and bar number

1 400 New York Ave., NW - Suite 600
Washington, D.C. 20005

Address



sarah.chang@usdoj.gov



E-mail address

(202) 353-4979

Telephone number

(202) 514-1793



FAX number



Case l:12-cr-00281-ESH Document 5 Filed 02/08/13 Page 1 of 1

AO 458 (Rev. 06/09) Appearance of Counsel

United States District Court

for the
District of Columbia



United States of America

Plaintiff
V.

Hector Orjuela, Jr.



Defendant



Case No. 12-CR-00281 ESH



APPEARANCE OF COUNSEL



To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:
Plaintiff, the United States of America



Date:



02/08/2013



/s/ Mi Yung Claire Park



Attorney's signature



Mi Yung Claire Park CA Bar 202379

Printed name and bar number

1400 New York Ave., NW - Suite 600
Washington, D.C. 20005



Address



miyung.park@usdoj.gov



E-mail address

(202) 616-2780

Telephone number

(202) 514-1793



FAX number



Case l:12-cr-00281-ESH Document 7 Filed 02/08/13 Page 1 of 4



UNITED STATES DISTRICT COURT

DISTRICT OF COLUMBIA
Criminal No. 12-CR-00281 ESH



UNITED STATES OF AMERICA,

Plaintiff,



v .



MOTION FOR PROTECTIVE ORDER



HECTOR ORJUELA, JR.,

Defendant .

The United States of America, by and through its attorneys
Mi Yung Claire Park and Sarah Chang, Trial Attorneys, United States
Department of Justice, hereby moves the Court, moves for the entry
of a protective order on the following grounds:

1. Defendant has been charged with two counts of traveling
in foreign commerce and engaging in illicit sexual conduct with
minors in violation of 18 U.S.C. Section 2423(c).

2. Consequently, the materials at issue include statements
by and regarding minor victims. The format of these statements
include both reports and videotaped statements. These statements
are collectively the "Protected Material."

3. As the Court is aware, Federal Rule of Evidence 26.6 only
requires production of Jenks material (1) for examination and use
during the testimony and that (2) production for examination only
is required once the witness has testified. Under Federal Rule of
Evidence 16, upon request, the defendant is entitled to any
relevant written or recorded statement by the defendant within the
possession, custody, or control of the Government. Under the Crime



Case l:12-cr-00281-ESH Document 7 Filed 02/08/13 Page 2 of 4



Victims' Rights Act, codified in 18 U.S.C. Sec. 3771, victims are
entitled to be reasonably protected from the accused and to be
treated with fairness and with respect for the victim's dignity and
privacy. In order to meet its discovery obligations, the United
States has produced to defense counsel, copies of the victims'
statements (in the case of written reports the victim names have
been redacted) and defendant's statements about the victims, and
will make available for viewing, unredacted videotapes of the
victims and their family's statements. In order to comply with its
obligations under the Crime Victims' Rights Act, the United States
asks that this Court enter an order directing that any identifying
factors about the victims not be disseminated beyond defense
counsel and their investigators and specifically that the defendant
be able to review but not receive copies of any written materials.
It is also reguested that any and all copies of materials
containing victim statements either be destroyed or returned to the
United States at the conclusion of the case.

4. Therefore, the United States respectfully reguests that
this Court enter an order to that effect.



2



Case l:12-cr-00281-ESH Document 7 Filed 02/08/13 Page 3 of 4



Dated: February 8, 2013



Respectfully submitted,



ANDREW G. OOSTERBAAN
Chief, Child Exploitation &
Obscenity Section



s/Mi Yung C. Park
BY: MI YUNG C. PARK
California Bar No. 202379
SARAH CHANG

New York Bar No. 4844700
Trial Attorneys

Child Exploitation & Obscenity
Section, Criminal Division
U.S. Department of Justice
Telephone: (202) 616-2780
Fax: (202) 514-1793



3



Case l:12-cr-00281-ESH Document 7 Filed 02/08/13 Page 4 of 4



CERTIFICATION OF SERVICE
I hereby certify that on February 8, 2013, I electronically
filed the foregoing paper with the Clerk of the Court using the
ECF system which will send notification of such filing to the
following :

Tony Miles

Counsel for Defendant
tony_miles@f d. org



s/Mi Yung C. Park
BY: MI YUNG C. PARK
Trial Attorney
California Bar No. 202379
Child Exploitation & Obscenity
Section, Criminal Division
U.S. Department of Justice
Telephone: (202) 616-2780
Fax: (202) 514-1793



4



Case l:12-cr-00281-ESH Document 7-1 Filed 02/08/13 Page 1 of 2



UNITED STATES DISTRICT COURT

DISTRICT OF COLUMBIA
Criminal No. 12-CR-00281 ESH



UNITED STATES OF AMERICA,



Plaintiff,



v .



PROTECTIVE ORDER



HECTOR ORJUELA, JR



Defendant .



On February 8, 2013, the United States moved for an order
restricting the dissemination of discovery material containing both
statements made by and regarding the victims, the "Protected
Material . "

After examining the application, the Court finds that the
United States has shown good cause why the dissemination of the
Protected Material should be limited, including material which
contains statements by and regarding victims.

Accordingly, IT IS HEREBY ORDERED THAT:

1 . The Protected Material may be used only in connection



with the defense of the charges in this case, and for no



other purpose;



2 .



This Protected Material may not be disseminated, nor may



the information contained in the Protected Material be



disclosed, to any other party who is not directly



involved in the defense of the charges against the



defendant in this case;



3.



Defendant may view the Protected Material in the presence



of defense counsel, but may not retain a copy or



Case l:12-cr-00281-ESH Document 7-1 Filed 02/08/13 Page 2 of 2

otherwise disseminate the contents. If defense counsel
brings the protected material into any detention or
correctional facility, it must remain in defense
counsel's possession and control at all times and must be
removed by defense counsel when he/she leaves the
facility;

4. The use of the Protected Material covered by this Order
for any purpose other than the instant litigation shall
be deemed a violation of this Order subjecting the
defendant to sanctions;

5. Defendant shall destroy or return all copies to the
United States at the conclusion of trial.

Dated: , 2013



The Honorable Ellen Segal Huvelle
United States District Judge



2



Case l:12-cr-00281-ESH Document 9 Filed 02/11/13 Page 1 of 2



UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,
Plaintiff,

v .

HECTOR ORJUELA, JR.,

Defendant .



PROTECTIVE ORDER



On February 8, 2013, the United States moved for an order
restricting the dissemination of discovery material containing both
statements made by and regarding the victims, the "Protected
Material . "

After examining the application, the Court finds that the
United States has shown good cause why the dissemination of the
Protected Material should be limited, including material which
contains statements by and regarding victims .

Accordingly, IT IS HEREBY ORDERED THAT:

1 . The Protected Material may be used only in connection
with the defense of the charges in this case, and for no
other purpose;

2. This Protected Material may not be disseminated, nor may
the information contained in the Protected Material be
disclosed, to any other party who is not directly
involved in the defense of the charges against the
defendant in this case;

3. Defendant may view the Protected Material in the presence
of defense counsel, but may not retain a copy or



Case l:12-cr-00281-ESH Document 9 Filed 02/11/13 Page 2 of 2



otherwise disseminate the contents. If defense counsel
brings the protected material into any detention or
correctional facility, it must remain in defense
counsel's possession and control at all times and must be
removed by defense counsel when he/she leaves the
facility;

4. The use of the Protected Material covered by this Order
for any purpose other than the instant litigation shall
be deemed a violation of this Order subjecting the
defendant to sanctions;

5. Defendant shall destroy or return all copies to the
United States at the conclusion of trial.



Dated:




The Honorable Ellen Segal Huvelle
United States District Judge



2



Filed & Entered: 02/1 1/2013



Add and Terminate Attorneys



Attorney update in case as to HECTOR ORJUELA, JR. : Attorney Julieanne Himelstein
terminated for USA. (kk)



Filed & Entered:
Terminated:



02/11/2013
02/11/2013



O Motion to Commit Defendant to Custody of Attorney General



ORAL MOTION by USA to Commit Defendant HECTOR ORJUELA, JR. to the Custody of
the U.S. Attorney General, (kk)



Filed &
Entered:



02/11/2013



Order on Motion to Commit Defendant to Custody of Attorney
General



Full docket text:

Minute Entry for Detention Hearing as to HECTOR ORJUELA, JR. held before
Magistrate Judge Deborah A. Robinson on 2/11/13 : Oral Motion by USA to Commit
Defendant to the Custody of the U.S. Attorney General, heard and granted. Pretrial
Detention Ordered. Status Hearing remains set before Judge Ellen S. Huvelle on
2/14/13 at 2:00 PM in Courtroom 23A. Bond Status of Defendant: Defendant
committed/commitment issued. [Medical Health Alert issued to the D.C. Department
of Corrections Medical Unit.] Court Reporter: Bowles Reporting Service - Ctrm. 4.
Defense Attorney: Luiz Simmons; DOJ Attorneys: Miyung Park and Sarah Chang, (kk)



Filed & Entered: 02/11/2013



Notice of Attorney Appearance - Defendant



NOTICE OF ATTORNEY APPEARANCE: Luiz Robert Simmons appearing for HECTOR
ORJUELA, JR (Simmons, Luiz)



Case l:12-cr-00281-ESH Document 8 Filed 02/11/13 Page 1 of 1



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION

UNITED STATES OF AMERICA *

v. * CASENO.12-CR-00281

HECTOR ORJULA, JR. *
Defendant *

LINE OF APPEARANCE

Madam/Sir Clerk:

Please enter the appearance of Luiz R.S. Simmons, Esquire for Defendant Hector Orjula,
Jr., in the above-captioned matter.

Respectfully submitted,

LAW OFFICE OF LUIZ R. S. SIMMONS



/s/ Luiz R. S. Simmons
Luiz R. S. Simmons, #229864
8613 Cedar Street
Silver Spring, MD 20910
(301) 589-8844



CERTIFICATE OF SERVICE



I HEREBY CERTIFY that a copy of the foregoing was mailed first-class, postage
prepaid, this 11 th day of February , 2013 to the Office of the Attorney General ,441 4'
Street, N.W., 4N50, Washington, DC 20001 .

/s/ Luiz R. S. Simmons



Luiz R. S. Simmons, #229864



Case l:12-cr-00281-ESH Document 9 Filed 02/11/13 Page 1 of 2



UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,
Plaintiff,

v .

HECTOR ORJUELA, JR.,

Defendant .



PROTECTIVE ORDER



On February 8, 2013, the United States moved for an order
restricting the dissemination of discovery material containing both
statements made by and regarding the victims, the "Protected
Material . "

After examining the application, the Court finds that the
United States has shown good cause why the dissemination of the
Protected Material should be limited, including material which
contains statements by and regarding victims .

Accordingly, IT IS HEREBY ORDERED THAT:

1 . The Protected Material may be used only in connection
with the defense of the charges in this case, and for no
other purpose;

2. This Protected Material may not be disseminated, nor may
the information contained in the Protected Material be
disclosed, to any other party who is not directly
involved in the defense of the charges against the
defendant in this case;

3. Defendant may view the Protected Material in the presence
of defense counsel, but may not retain a copy or



Case l:12-cr-00281-ESH Document 9 Filed 02/11/13 Page 2 of 2



otherwise disseminate the contents. If defense counsel
brings the protected material into any detention or
correctional facility, it must remain in defense
counsel's possession and control at all times and must be
removed by defense counsel when he/she leaves the
facility;

4. The use of the Protected Material covered by this Order
for any purpose other than the instant litigation shall
be deemed a violation of this Order subjecting the
defendant to sanctions;

5. Defendant shall destroy or return all copies to the
United States at the conclusion of trial.



Dated:




The Honorable Ellen Segal Huvelle
United States District Judge



2



Filed & Entered: 02/13/2013



Notice of Hearing



NOTICE OF HEARING as to HECTOR ORJUELA, JRStatus Conference reset for
2/22/2013 at 9:45 AM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf)



Case l:12-cr-00281-ESH Document 10 Filed 02/13/13 Page 1 of 6



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



HECTOR ORJUELA, JR.,



Defendant.



Criminal No. 12-281
ESH/DAR



MEMORANDUM OF FINDINGS OF FACT
AND STATEMENT OF REASONS IN
SUPPORT OF ORDER OF DETENTION

I. INTRODUCTION

Defendant is charged in an indictment with two counts of engaging in illicit sexual
conduct in foreign places, in violation of 18 U.S.C. � 2423 (c) and (e). See Indictment
(Document No. 2). The undersigned conducted a detention hearing on February 1 1, 2013.

Upon consideration of the proffers and arguments of counsel during the detention
hearing, and the entire record herein, the undersigned ordered Defendant held without bond
pursuant to 18 U.S.C. � 3142(e). The findings of fact and statement of reasons in support of the
Order of Detention follow.



II. THE BAIL REFORM ACT

The Bail Reform Act of 1984, 18U.S.C. � 3141 etseq., provides, in pertinent part, that if
a judicial officer finds by clear and convincing evidence that "no condition or combination of
conditions will reasonably assure ... the safety of any other person and the community, such
judicial officer shall order the detention of the [defendant] before trial." 18 U.S.C. � 3142(e); see



Case l:12-cr-00281-ESH Document 10 Filed 02/13/13 Page 2 of 6



United States v. Orjuela 2

also United States v. Henry, 935 F. Supp. 24, 25 (D.D.C. 1996) ("If a defendant poses a danger
to society, the Court has a sufficient basis upon which to order pretrial detention.") (citation
omitted).

In instances in which pretrial detention is sought on the ground that there are no
conditions of release that will reasonably assure the defendant's appearance, the government
must show by a preponderance of the evidence that the defendant poses a risk of flight if released
before trial. United States v. Anderson, 382 F. Supp. 2d 13, 14 (D.D.C. 2005) (noting that the
Bail Reform Act "provides for pretrial detention if the government establishes by a
preponderance of the evidence that the defendant is likely to flee before trial if released and that
no condition or combination of conditions will reasonably assure the appearance of the defendant
as required") (citations omitted).

In determining whether there are conditions of release which will reasonably assure the
appearance of the person as required, and the safety of any other person and the community, the
judicial officer shall take into account the available information concerning (1) the nature and
circumstances of the offense charged; (2) the weight of the evidence against the defendant; (3)
the defendant's history and characteristics; and (4) the nature and seriousness of the danger to
any person or to the community which would be posed by the defendant's release. 18 U.S.C. �
3142(g).

A rebuttable presumption that no condition or combination of conditions will reasonably
assure the appearance of the defendant as required and the safety of any other person and the
community arises if the judicial officer finds that there is probable cause to believe that the
defendant has committed an offense involving a minor victim. 18 U.S.C. � 3142(e)(3)(E); see



Case l:12-cr-00281-ESH Document 10 Filed 02/13/13 Page 3 of 6



United States v. Orjuela 3

also United States v. Burdette, 813 F. Supp. 2d 1, 2 (D.D.C. 201 1). An indictment is sufficient
to demonstrate probable cause for the purposes of 18 U.S.C. � 3142. See United States v.
Williams, 903 F.2d 844 (D.C. Cir. 1990).



III. DISCUSSION

Both counsel proceeded by proffer. Counsel for the government proffered that the
Defendant had sexual contact with two five-year-old girls during which he penetrated them
vaginally and anally with his fingers, fondled them in their genital area, and made one of the girls
swallow his ejaculate by forcing his fingers down her throat. Counsel for the government further
preferred that the nature of the offense is a crime of violence because of the forceful sexual
contact with the minors and because he slapped the minors and told them not to tell anyone he
abused them. He admitted to fondling one of the victims in her genital area at least five times
and attempting to fondle the other minor. The Defendant has a strong interest in abusing children
and has admitted to searching and downloading child pornography. One of the parents of the
minor children witnessed the Defendant commit the abuse. Counsel for the government
proffered that the Defendant was tutoring these minors and previously worked as a teacher at a
school and was dismissed due to allegations and complaints that he abused some of the students
at the school. Counsel for the government concluded her proffer as to risk of flight and
dangerousness to the community by stating that as a result of Defendant's employment as a
teacher in a position of authority and access; his strong interest in children; his admission that he
fondled the minor children; the maximum penalty he faces if convicted which is either 360



Case l:12-cr-00281-ESH Document 10 Filed 02/13/13 Page 4 of 6



United States v. Orjuela 4

months or life imprisonment; previous allegations of abuse; his danger to children; his lack of
ties to the United States because he resided in China for nine years and visited relatives in
California and Florida, the government sought to have Defendant held without bond.

Defendant, through counsel, proffered as to the Defendant's dangerousness that he has no
prior criminal history, and no charges involving crimes of violence. As to risk of flight,
Defendant's counsel proffered that the Defendant has ties to this area because he was born in the
United States, he can live with his elderly aunt and uncle in Cockeysville, Maryland, who would
accept him; he has two brothers in California and another brother in Florida; he has parents and a
sister who live in Bogota, Colombia, and a cousin who lives near Baltimore. Defendant's
counsel asked that Defendant be released to the supervision of the Pretrial Services Agency, and
that he be monitored by GPS device; a curfew be established; he be ordered to have no direct
contact with any of the victims in this case; report to the Pretrial Services Agency; abide by travel
restrictions and associations, and not possess any firearms. Defendant's counsel concluded his
proffer by noting that Defendant no longer possessed his passport, and that he did not admit to,
and there is no evidence that he forcefully penetrated the minor children in this case.



IV. FINDINGS OF FACT

Upon consideration of the factors enumerated in Section 3142(g) of the Act, the
undersigned finds by a preponderance of the evidence that no conditions of release or
combination of conditions will reasonably assure Defendant's appearance, and by clear and
convincing evidence that no condition of release or combination of conditions would reasonably
assure the safety of the community.



Case l:12-cr-00281-ESH Document 10 Filed 02/13/13 Page 5 of 6



United States v. Orjuela 5

First, the nature and circumstances of the offense charged indicate that Defendant
committed an offense involving two minor victims.

Second, the undersigned finds that the weight of the evidence against Defendant is
compelling. Specifically, Defendant was engaged illicit sexual conduct in foreign places with
two minors. Additionally, a parent of one of the minors witnessed an instance of abuse, and
Defendant admitted at least a portion of the offense conduct.

Third, Defendant's history and characteristics militate against pretrial release. While
Defendant has no prior criminal record, he faces a significant period of incarceration if convicted
of the alleged offenses. Moreover, although Defendant, through his counsel, proffered that one
of his relatives lives in the Baltimore- Washington area, Defendant, according to Pretrial Services
Agency, has lived outside of the United States for the last nine years.

Finally, the undersigned has taken into account the unrebutted proffer that Defendant was
dismissed from a teaching position at a foreign school because of other allegations of abuse. The
undersigned is cognizant of the toll which child sexual abuse and illicit sexual conduct has taken
and continues to take upon this community is well-documented and need not be repeated here.
The undersigned finds that evidence of Defendant's illicit sexual conduct with minors
demonstrates that his release would pose a danger to the community, and further demonstrates
that he is not amenable to community supervision.

The undersigned has carefully considered the evidence proffered on Defendant's behalf,
and finds that such evidence is insufficient to rebut either of the applicable presumptions. See
United States v. Alatishe, 768 F.2d 364, 371 (D.C. Cir. 1985).

V. CONCLUSION



Case l:12-cr-00281-ESH Document 10 Filed 02/13/13 Page 6 of 6



United States v. Orjuela 6

On the basis of the foregoing findings of fact and reasons, Defendant will be held without
bond pursuant to the February 1 1, 2013 Order of Detention.

/s/

DEBORAH A. ROBINSON
United States Magistrate Judge

FEBRUARY 13, 2013

DATE

FEBRUARY 11,2013

NUNC PRO TUNC



Filed & Entered: 02/22/2013



Status Conference



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference as to
HECTOR ORJUELA, JR held on 2/22/2013. Speedy Trial time waived from 2/22/13 until
3/12/13, in the interest of justice. Status Conference set for 3/12/2013 09:30 AM in Courtroom
23 A before Judge Ellen S. Huvelle. Motions due by 3/22/2013. Responses due by 4/2/2013. Jury
Trial set for 4/29/2013 at 9:30 AM in Courtroom 23A before Judge Ellen S. Huvelle. Bond
Status of Defendant: Committed/Commitment Issued; Court Reporter: Vicki Eastvold; Defense
Attorney: Luiz R. Simmons; US Attorney: Sarah Chang, (gdf)



Case l:12-cr-00281-ESH Document 11 Filed 03/11/13 Page 1 of 4



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



v.



HECTOR ORJUELA, JR.



Defendant.



CRIMINAL NO. 12-281 (ESH)



JOINT MOTION TO CONTINUE TRIAL AND MOTIONS DATES

Counsel for the defendant, Luiz Robert Simmons, and the United States of America,
United States Department of Justice, respectfully request that the Court vacate the April 29, 2013
trial date as well as the motions deadlines of March 22, 2013 and April 2, 2013 in this case. In
support of their motion, both parties rely on the following:

Title 18 United States Code � 3161(h) enumerates periods of delay which are to be
excluded under the Speedy Trial Act. Section 3 161(h)(7)(A) specifically excludes any period of
delay under the Speedy Trial Act resulting from "[a]ny period of delay resulting from a
continuance granted ... at the request of the defendant or his counsel or at the request of the
attorney for the Government, if the judge granted such continuance on the basis of [her] findings
that the ends of justice served by taking such action outweigh the best interest of the public and
the defendant in a speedy trial. . . . [and] sets forth . . . either orally or in writing, its reasons" for
such findings.

The defendant, Hector Orjuela, Jr., is currently charged with two counts of 18 U.S.C. �



1



Case l:12-cr-00281-ESH Document 11 Filed 03/11/13 Page 2 of 4



2423(c), engaging in illicit sexual conduct in a foreign place. During the course of the
Government's investigation, the Government executed a search warrant of a camera seized from
the defendant. Review of the defendant's camera revealed evidence that defendant was abusing
another minor victim and producing child pornography of that minor during the course of the
abuse. In recent weeks, the minor victim was identified and forensically interviewed. The newly
discovered evidence supports the existence of an additional charge against the defendant with
venue clearly established in the District of Maryland and possibly in the District of Columbia.
The majority of the discovery regarding the new minor victim was provided in part to defense
counsel on March 8, 2013. Counsel for the defense and the Government have discussed a
possible global plea to combine the new charge with the current charges pending before this
court. On March 1 1, 2013, counsel for the defense advised that he met with the defendant on
March 10, and represented that the defendant has agreed to waive time under the Speedy Trial
Act so that defense counsel would have sufficient time to review the newly provided discovery,
to consider plea options in light of the newly discovered victim, and to further meet and discuss
the case with the defendant.

Wherefore, the parties would jointly request that this Court make a finding that the ends
of justice are served by excluding time under the Speedy Trial Act for approximately a month to
permit defense counsel to review the newly provided discovery, evaluate the case and consult
with his client and provide effective counsel. The parties would further request that this court
vacate the currently scheduled motions and trial dates and schedule new dates at the next status
hearing scheduled for March 12, 2013.



2



Case l:12-cr-00281-ESH Document 11 Filed 03/11/13 Page 3 of 4



Dated: March 1 1, 2013 Respectfully submitted,

ANDREW G. OOSTERBAAN

Chief, Child Exploitation & Obscenity Section

s/Mi Yung C. Park

MI YUNG C. PARK

Trial Attorney

California Bar No. 202379

U.S. Department of Justice - Criminal Division

Child Exploitation and Obscenity Section

1 400 New York Ave. N W

Washington D.C. 20530

202-616-2780

Miyung.Park@usdoj .gov

s/Sarah Chang

SARAH CHANG

Trial Attorney

New York Bar No. 4844700

U.S. Department of Justice - Criminal Division

Child Exploitation and Obscenity Section

1400 New York Ave. NW

Washington D.C. 20530

202-353-4979

Sarah. Chang@usdoj .gov



3



Case l:12-cr-00281-ESH Document 11 Filed 03/11/13 Page 4 of 4



CERTIFICATION OF SERVICE

I hereby certify that on February 8, 2013, 1 electronically filed the foregoing paper with
the Clerk of the Court using the ECF system which will send notification of such filing to the
following:

Luiz Simmons, Esq.
Attorney for Hector Orjuela
8613 Cedar Street
Silver Spring, MD 20910
luizlawc@aol.com

s/Mi Yung C. Park

MI YUNG C. PARK

Trial Attorney

California Bar No. 202379

U.S. Department of Justice - Criminal Div.

Child Exploitation and Obscenity Section

1400 New York Ave. NW

Washington D.C. 20530

202-616-2780

Miyung.Park@usdoj .gov



4



Filed & Entered: 03/12/2013



O Order on Motion to Continue



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference
as to HECTOR ORJUELA, JR held on 3/12/2013. Speedy Trial time waived from
3/12/13 until 4/24/13, in the interest of justice. Granting [11] Motion to Continue as
to HECTOR ORJUELA JR. (1). Status Conference set for 4/24/2013 at 9:30 AM in
Courtroom 23A before Judge Ellen S. Huvelle. Jury Trial set for 6/10/2013 at 9:30 AM
in Courtroom 23A before Judge Ellen S. Huvelle., Bond Status of Defendant:
Committed/Commitment Issued; Court Reporter: Vicki Eastvold; Defense Attorney:
Luiz R. Simmons; US Attorney: Sarah Chang and MiYung C. Park, (gdf)



Filed & Entered: 03/12/2013



Terminate Deadlines and Hearings



Full docket text:

Terminate Deadlines and Hearings as to HECTOR ORJUELA, JR: (gdf)



Case l:12-cr-00281-ESH Document 12 Filed 04/23/13 Page 1 of 3



DojUNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



v.



HECTOR ORJUELA, JR.



Defendant.



CRIMINAL NO. 12-281 (ESH)



JOINT MOTION TO VACATE TRIAL DATE

Counsel for the Defendant, Luiz R. S. Simmons, and the United States of America,
United States Department of Justice, respectfully request that the Court vacate the June 10, 2013
trial date. The parties would also respectfully request that a status hearing date be scheduled for
May 10, 2013. In support of their motion, both parties rely on the following:

Title 18 United States Code � 3161(h) enumerates periods of delay which are to be
excluded under the Speedy Trial Act. Section 3 161(h)(7)(A) specifically excludes any period of
delay under the Speedy Trial Act resulting from "[a]ny period of delay resulting from a
continuance granted ... at the request of the defendant or his counsel or at the request of the
attorney for the Government, if the judge granted such continuance on the basis of [her] findings
that the ends of justice served by taking such action outweigh the best interest of the public and
the defendant in a speedy trial. . . . [and] sets forth . . . either orally or in writing, its reasons" for
such findings.

The defendant, Hector Orjuela, Jr., is currently charged with two counts of 18 U.S.C. �



1



Case l:12-cr-00281-ESH Document 12 Filed 04/23/13 Page 2 of 3



2423(c), engaging in illicit sexual conduct in a foreign place. On April 11, 2013, an Indictment
charging the defendant with sexual exploitation of a minor for the purpose of producing child
pornography in violation of 18 U.S. C. � 2251(a), was filed in the District of Maryland and
assigned case number WDQ-13-0178. An arrest warrant against the defendant was issued
pursuant to the Maryland indictment. On or about April 17, 2013, the arrest warrant stemming
from the Maryland indictment was executed in the District of Columbia and defendant had his
initial appearance before Magistrate Judge Robinson on that same day. Magistrate Judge
continued defendant's Rule 5 removal hearing to April 24, at 10:30 a.m.

The parties are currently working towards resolving the charges before this court with the
newly indicted charge in Maryland. In addition to working out the terms of the plea agreement,
the parties are working out the logistics of a Rule 20 transfer of the Maryland case to this court
for a global plea agreement. Moreover, additional discovery in the Maryland case has been
provided to defense all which must be thoroughly considered before a plea agreement resolution
can be reached. The defense needs additional time to consider the formal charges brought in
Maryland, to consider all the discovery including the examinations of the electronic evidence, as
well as to negotiate the terms of a plea agreement.

Wherefore, the parties would jointly request that this Court vacate the trial date currently
scheduled for June 10, 2013 to be scheduled for a later time. A status hearing is currently
scheduled for Wednesday, April 24. The parties intend at that time to jointly request that this
court schedule another status hearing date for May 10, 2013 at which time the defense would be
able to enter a guilty plea or advise the court of his intent to proceed to trial, and to make a
finding that the ends of justice are served by excluding time under the Speedy Trial Act for the

2



Case l:12-cr-00281-ESH Document 12 Filed 04/23/13 Page 3 of 3



reasons stated above. Should the defendant advise the court on May 10 of his intent to go to trial,
the parties would request a motions hearing schedule and after a resolution of motions, a trial
date.

Respectfully submitted,

LAW OFFICE OF LUIZ R. S. SIMMONS



/s/ Luiz R. S. Simmons
Luiz R. S. Simmons, #229864
8613 Cedar Street
Silver Spring, MD 20910
(301) 589-8844



/s/Mi Yung Claire Park

Mi Yung Claire Park, Esquire

Asst. U.S. Attorney

U. S. Department of Justice

1400 New York Avenue, N.W., Suite 600

Washington, D.C. 20530

(202)514-5780



3



Filed & Entered: 04/24/2013



O Order on Motion to Vacate



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference
as to HECTOR ORJUELA, JR held on 4/24/2013. Speedy Trial Time waived from
4/24/13 until 5/23/13, to consider plea and Rule 20 papers. Granting [12] Motion to
Vacate Trial Date as to HECTOR ORJUELA JR. (1). Status Conference set for 5/23/2013
at 11:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. Bond Status of
Defendant: Committed/Commitment Issued; Court Reporter: Vicki Eastvold; Defense
Attorney: Luiz R. Simmons; US Attorney: MiYung C. Park and Sarah Chang, (gdf)



Case l:12-cr-00281-ESH Document 13 Filed 04/24/13 Page 1 of 1
U.S. Department of Justice

United States Attorneys



United States District Court

for the District of Columbia

UNITED STATES OF AMERICA :

V. Case No. 12CR0028I (esh)

HECTOR ORJUELA, JR. '. _ _

FILED

APR 2 A 2013
ORDER C | erk( u s 0ictric{ & Bankrupl

Courts fortfie District of Columbia

1 . Upon a representation by the United States that the defendant has never been subject of "routine

processing" (booking, fingerprinting, photographing) in this case:

2. It is the 24TH day of APRIL, 2013 ORDERED:

3. That if the defendant is released on bond that he or she be accompanied on

by to the Central Cell Block of the Metropolitan Police

Department, to the United States Marshal's Office and to



for "routine processing," and that this be a condition of being released on bond;



4. That if the defendant is not released on bond, the United States Marshall shall release the defendant

to the custody of mpd detective Jonathan Andrews for the purpose of "routine processing,"

and at the conclusion thereof to return the defendant to the custody of the Marshal.




Judge (U.S. Magistrate)



-bcitng: counsel

OOAAt



DOJ USA- 16-80



USP LVN



Case l:12-cr-00281-ESH Document 14 Filed 05/21/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



v.



HECTOR ORJUELA, JR.



Defendant.



CRIMINAL NO. 12-281 (ESH)



JOINT MOTION TO CONTINUE STATUS HEARING

Counsel for the Defendant, Luiz R. S. Simmons, and the United States of America,
United States Department of Justice, respectfully request that the Court continue the status
hearing set for May 23, 2013. The parties would also respectfully request that a status hearing
date be re-scheduled for the morning of June 10, 2013. In support of their motion, both parties
rely on the following:

Title 18 United States Code � 3161(h) enumerates periods of delay which are to be
excluded under the Speedy Trial Act. Section 3 161(h)(7)(A) specifically excludes any period of
delay under the Speedy Trial Act resulting from "[a]ny period of delay resulting from a
continuance granted ... at the request of the defendant or his counsel or at the request of the
attorney for the Government, if the judge granted such continuance on the basis of [her] findings
that the ends of justice served by taking such action outweigh the best interest of the public and
the defendant in a speedy trial. . . . [and] sets forth . . . either orally or in writing, its reasons" for
such findings.



1



Case l:12-cr-00281-ESH Document 14 Filed 05/21/13 Page 2 of 3



The defendant, Hector Orjuela, Jr., is currently charged with two counts of 18 U.S.C. �
2423(c), engaging in illicit sexual conduct in a foreign place. On April 11, 2013, an Indictment
charging the defendant with sexual exploitation of a minor for the purpose of producing child
pornography in violation of 18 U.S.C. � 2251(a), was filed in the District of Maryland and
assigned case number WDQ-13-0178. An arrest warrant against the defendant was issued
pursuant to the Maryland indictment. On or about April 17, 2013, the arrest warrant stemming
from the Maryland indictment was executed in the District of Columbia.

The parties are currently working towards resolving the charges before this court with the
newly indicted charge in Maryland. In addition to working out the terms of the plea agreement,
the parties are working out the logistics of a Rule 20 transfer of the Maryland case to this court
for a global plea agreement. The defense needs additional time to negotiate the terms of a plea
agreement.

Wherefore, the parties would jointly request that this Court continue the status hearing
currently set for May 23, 2013 and to rescheduled the status hearing to June 10, 2013.
At the rescheduled status hearing the defense would be able to enter a guilty plea or advise the
court of his intent to proceed to trial, and to make a finding that the ends of justice are served by
excluding time under the Speedy Trial Act for the reasons stated above. Should the defendant
advise the court on June 10, 2013 of his intent to go to trial, the parties would request a motions
hearing schedule and after a resolution of motions, a trial date.



2



Case l:12-cr-00281-ESH Document 14 Filed 05/21/13 Page 3 of 3



Respectfully submitted,

LAW OFFICE OF LUIZ R. S. SIMMONS



/s/ Luiz R. S. Simmons
Luiz R. S. Simmons, #229864
8613 Cedar Street
Silver Spring, MD 20910
(301) 589-8844



/s/Mi Yung Claire Park

Mi Yung Claire Park, Esquire

Asst. U.S. Attorney

U. S. Department of Justice

1400 New York Avenue, N.W., Suite 600

Washington, D.C. 20530

(202)514-5780



/s/Sarah Chang

Sarah Chang, Esquire

Asst. U.S. Attorney

U. S. Department of Justice

1400 New York Avenue, N.W., Suite 600

Washington, D.C. 20530

(202)514-5780



3



Filed & Entered: 05/22/2013



Order on Motion to Continue



Full docket text:

MINUTE ORDER granting [14] Joint Motion to Continue Status Hearing as to HECTOR
ORJUELA JR. (1). The Status Conference, currently set for 5/23/2013, is hereby
VACATED and reset to 6/10/2013 @ 12:00 noon in Courtroom 23A. The Court finds
that the ends of justice served outweigh the best interests of the public and the
defendant in a speedy trial, and therefore, Speedy Trial is tolled from 5/22/2013
through 6/10/2013. Signed by Judge Ellen S. Huvelle on 5/22/2013. (zmm, )



Filed & Entered: 05/22/2013



O Set/Reset Hearings



Full docket text:

Set/Reset Hearings as to HECTOR ORJUELA, JR:Status Conference set for 6/10/2013
@ 12:00 noon in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, )



Case l:12-cr-00281-ESH Document 15 Filed 06/06/13 Page 1 of 4



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



v.



HECTOR ORJUELA, JR.



Defendant.



CRIMINAL NO. 12-281 (ESH)



JOINT MOTION TO CONTINUE STATUS HEARING

Counsel for the defendant, Luiz Robert Simmons, and the United States of America,
United States Department of Justice, through its undersigned attorneys, respectfully request that
the Court vacate the June 10, 2013 status date and continue the status hearing until Julyl 1, 2013
at 2: 15 p.m. In support of their motion, both parties rely on the following:

The defendant, Hector Orjuela, Jr., is currently charged with two counts of 18 U.S.C. �
2423(c), engaging in illicit sexual conduct in a foreign place in the instant case. The defendant is
also charged with one count of production of child pornography in violation of 18 U.S.C. �
2251(a) in the District of Maryland. Counsel for the defense and the Government have reached a
global plea agreement which necessitates the transfer of the Maryland charge to this court
pursuant to Rule 20 of the Federal Rules of Criminal Procedure. The Government has just
received a signed Rule 20 Consent to Transfer Form, necessary to effectuate the Maryland case
transfer. Moreover, upon receipt of the completed form, the clerk's office for the District of
Maryland will need additional time to process the form and complete the transfer to the District



1



Case l:12-cr-00281-ESH Document 15 Filed 06/06/13 Page 2 of 4



of Columbia.

Title 18 United States Code � 3161(h) enumerates periods of delay which are to be
excluded under the Speedy Trial Act. Section 3 161(h)(7)(A) specifically excludes any period of
delay under the Speedy Trial Act resulting from "[a]ny period of delay resulting from a
continuance granted ... at the request of the defendant or his counsel or at the request of the
attorney for the Government, if the judge granted such continuance on the basis of [her] findings
that the ends of justice served by taking such action outweigh the best interest of the public and
the defendant in a speedy trial. . . . [and] sets forth . . . either orally or in writing, its reasons" for
such findings. Section 3161(h)(l)E) specifically from the Speedy Trial Act, "[a]ny period of
delay resulting from other proceedings concerning the defendant, including but not limited
to. ..delay resulting from any proceeding relating to the transfer of a case. ..from another district
under the Federal Rules of Criminal Procedure." Rule 20 of the Federal Rules of Criminal
Procedure permits the transfer of a case from one district to another for plea and sentence and
sets forth the requirements to effectuate the case transfer.

Wherefore, the parties would jointly request that this Court excluding time under the
Speedy Trial Act from June 10 - July 11, 2013 under both 18 U.S.C. �� 3161(h)(1)(E) and
(h)(7)(A) finding that the ends of justice are served to permit time for the district court for the
District of Maryland to transfer the related court to this court.



2



Case l:12-cr-00281-ESH Document 15 Filed 06/06/13 Page 3 of 4



Dated: June 6, 2013 Respectfully submitted,

ANDREW G. OOSTERBAAN

Chief, Child Exploitation & Obscenity Section



s/Mi Yung C. Park

MI YUNG C. PARK

Trial Attorney

California Bar No. 202379

U.S. Department of Justice - Criminal Division

Child Exploitation and Obscenity Section

1400 New York Ave. N W

Washington D.C. 20530

202-616-2780

Miyung.Park@usdoj .gov

s/Sarah Chang

SARAH CHANG

Trial Attorney

New York Bar No. 4844700

U.S. Department of Justice - Criminal Division

Child Exploitation and Obscenity Section

1400 New York Ave. NW

Washington D.C. 20530

202-353-4979

Sarah. Chang@usdoj .gov



3



Case l:12-cr-00281-ESH Document 15 Filed 06/06/13 Page 4 of 4



CERTIFICATION OF SERVICE

I hereby certify that on June 6, 2013, 1 electronically filed the foregoing paper with the
Clerk of the Court using the ECF system which will send notification of such filing to the
following:

Luiz Simmons, Esq.
Attorney for Hector Orjuela
8613 Cedar Street
Silver Spring, MD 20910
luizlawc@aol.com

s/Mi Yung C. Park

MI YUNG C. PARK

Trial Attorney

California Bar No. 202379

U.S. Department of Justice - Criminal Div.

Child Exploitation and Obscenity Section

1400 New York Ave. NW

Washington D.C. 20530

202-616-2780

Miyung.Park@usdoj .gov



4



Case l:12-cr-00281-ESH Document 16 Filed 06/06/13 Page 1 of 2



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



v.



HECTOR ORJUELA, JR.



Defendant.



CRIMINAL NO. 12-281 (ESH)



ORDER GRANTING JOINT MOTION TO CONTINUE STATUS HEARING

Upon consideration of the parties' Joint Motion to Continue Status Hearing filed on June
6, 2013, and upon review of the record herein, the Status Conference, currently set for June 10,
2013, is hereby,

VACATED and reset to July 1 1, 2013 at 2:15 p.m. in Courtroom 23 A. The Court
FURTHER FINDS that the ends of justice served outweigh the best interests of the
public and the defendant in a speedy trial, and therefore Speedy Trial is tolled from June 10
through July 1 1, 2013, pursuant to 18 U.S. C. � 3161(h)(7)(A) to permit parties time to enter into
a global resolution of the instant case and defendant's pending criminal case in the district of
Maryland (WDQ-13-0178). The Court

FURTHER FINDS that Speedy Trial is tolled from June 10 through July 1 1, 2013,
pursuant to 18 U.S.C. � 3161(h)(1)(E) to permit the transfer of defendant's pending criminal case
in the district of Maryland (WDQ-13-0178) to this court for resolution pursuant to Rule 20 of the
Federal Rules of Criminal Procedure.



1



Case l:12-cr-00281-ESH Document 16 Filed 06/06/13 Page 2 of 2



SO ORDERED.



Dated:

Honorable Ellen S. Huvelle
U.S. District Court Judge



2



Case l:12-cr-00281-ESH Document 18 Filed 07/03/13 Page 1 of 1



IN THE

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,



Plaintiff;



HECTOR ORJUELA, JR.,



Defendant.



Cr No. 12-281 (ESH)



NOTICE OF ASSIGNMENT



The above captioned case has been assigned to the Assistant Federal Public Defender
specified below. Please send all notices and inquiries to this attorney at the address listed.



Respectfully submitted,
A.J. KRAMER

FEDERAL PUBLIC DEFENDER



^VsT

Jonathan S. Jeffress

Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

Washington, D.C. 20004

(202) 208-7500

Jonathan Jeffress(�jfd.org



Case l:12-cr-00281-ESH Document 19 Filed 07/09/13 Page 1 of 1



Judge Ellen S. Huvelle

333 Constitutional Ave. N.W.

Washington, D.C. 20001



Dear Judge Huvelle:




I have been previously been represented by private counsel in my case before your Court. I have become '
dissatisfied with his representation and have chosen to dismiss him. As I am without funds to retain another private
counsel I am requesting you point an attorney from the Federal Public Defenders office to represent me.

I understand I do not have a right to chose who will represent me from the Federal Public Defenders office
but I have had communication, thru my family, with Mr. John Jeffers, an attorney with that office, and he indicated
he would represent me if I chose to dismiss my private counsel.

Any consideration you could give me in the above matter would be greatly appreciated.



Sincerely Yours:




FILED



JUL - 9 2013



Clerk, U.S. District & bankruptcy
Courts for the District of Columbia



Filed & Entered: 07/1 1/2013



Status Conference



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference
as to HECTOR ORJUELA, JR held on 7/11/2013. Plea Agreement Hearing set for
8/1/2013 @ 09:30 a.m. in Courtroom 23A before Judge Ellen S. Huvelle. Speedy Trial
tolled in the interests of justice from 7/11/2013 to 8/1/2013. Bond Status of
Defendant: Committed. Commitment issued.; Court Reporter: Vicki Eastvold;
Defense Attorney: Jonathan Jeffress; US Attorney: MiYung Park, (zmm, )



Case l:12-cr-00281-ESH Document 20 Filed 07/15/13 Page 1 of 1



be. lr)U^l



Judge Ellen S. Huvelle
333 Constitutional Ave. N.W

Washington, D.C. 20001 ^ , ,\ July 1, 2013

Dear Judge Huvelle. - , . , , , ,

h hi

I have been previously been represented by private counsel in my case before your Court. I have become
dissatisfied with his representation and have chosen to dismiss him. As I am without funds to retain another private
counsel I am requesting you point an attorney from the Federal Public Defenders office to represent me.

I understand I do not have a right to chose who will represent me from the Federal Public Defenders office
but I have had communication, thru my family, with Mr. John Jeffers, an attorney with that office, and he indicated
he would represent me if I chose to dismiss my private counsel.

Any consideration you could give me in the above matter would be greatly appreciated.

o

..J l*o



v FILED f/J^-^

c~ Hector Orjuela Jr.



JUL 1 5 2013




337-102 S.E. 2 C 69



R b • clerk U.S. District & bankruptcy i90iDSt.s.E.

L Courts for the District Of Columbia Washington, D.C. 20003

J ^(t -fL* \W re+i weao wcl OuO ^eej aJ ^ d>Ar/

TLA- Mt*i*��M f v w (o^'Jp^L- b ■



RECEIVED

JUL 1 1 2013

Cferk, U.S. District & Bankruptcy

Courts for the District of Columbia



Filed & Entered: 07/29/2013



Cl Terminate Deadlines and Hearings



Full docket text:

Hearings Terminated as to HECTOR ORJUELA, JR: (tcb).



Case l:12-cr-00281-ESH Document 21 Filed 07/30/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



DEFENDANT HECTOR ORJUELA'S UNOPPOSED
MOTION TO CONTINUE PLEA HEARING DATE

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully

submits this Unopposed Motion to Continue Plea Hearing Date. In support of this Motion, Mr.

Orjuela respectfully submits as follows:

1 . A status conference/plea hearing date in this case is currently scheduled for
Thursday, August 1, 2013.

2. Undersigned counsel was recently appointed in this case and has been working
diligently to learn the case and assist Mr. Orjuela in evaluating the government's current plea
offer. However, that process is not yet complete.

3. As a result of the above, defense counsel does not believe that the status
conference scheduled for August 1, 2013 will be a productive use of time. Instead, the defense
respectfully requests that the hearing be continued until the week of September 9, 2013.

4. Based on the above, the defense respectfully submits that it is in the interests of
justice to exclude the time between now and the new court date in September, so that defense
counsel can assist his client effectively in considering the government's plea offer.



Case l:12-cr-00281-ESH Document 21 Filed 07/30/13 Page 2 of 3



5. Undersigned counsel contacted the government concerning this Motion. The
government does not oppose the Motion. All counsel are generally available the week of
September 9, 2013.

WHEREFORE, for the foregoing reasons, Mr. Orjuela respectfully moves this
Honorable Court to continue the plea hearing to a date during the week of September 9, 2013.



Respectfully submitted,

/s/

Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



2



Case l:12-cr-00281-ESH Document 21 Filed 07/30/13 Page 3 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



ORDER

Upon consideration of defendant's Unopposed Motion to Continue Plea Hearing Date,

and for good cause shown, it is this day of

, 2013, hereby



ORDERED that the motion is GRANTED; and it is further

ORDERED that he hearing is continued until

am/pm; and it is further



, 2013 at



ORDERED that the time between August 1, 2013 and the new hearing date is hereby
EXCLUDED from the speedy trial calendar under 18 U.S. C. � 3161(h)(7)(A) as the delay serves
the ends of justice and outweighs the interests of the public and the defendant in a speedy trial, as
set forth in defendant's Unopposed Motion.

SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Filed: 07/31/2013
Entered:0S/05/2013



Set/Reset Deadlines/Hearings



Full docket text:

Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Plea Agreement Hearing
reset for 9/12/2013 at 2:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. (cdw)



Case l:12-cr-00281-ESH Document 22 Filed 07/31/13 Page 1 of 1



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



ORDER

Upon consideration of defendant's Unopposed Motion to Continue Plea Hearing Date,
and for good cause shown, it is this Q / day of



, 2013, hereby

ORDERED that the motion is GRANTED; and it is further



TJbyc^h^ fa, 20 <s

13 at




ORDERED that he hearing is continued until
^ " ^ am/pm; and it is further



ORDERED that the time between August 1, 2013 and the new hearing date is hereby
EXCLUDED from the speedy trial calendar under 18 U.S.C. � 3 161(h)(7)(A) as the delay serves
the ends of justice and outweighs the interests of the public and the defendant in a speedy trial, as
set forth in defendant's Unopposed Motion.

SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Filed & Entered: 09/10/2013



a Order



Full docket text:

MINUTE ORDER as to HECTOR ORJUELA, JR: At the request of defense counsel and
with the consent of the government, the plea hearing currently set for 9/12/2013 @
2:30 p.m. is hereby rescheduled to 9/26/2013 @ 2:00 p.m. in Courtroom 23A before
Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on 9/10/2013. (zmm, )



Filed & Entered: 09/23/2013



Notice of Hearing



Full docket text:

NOTICE OF HEARING as to HECTOR ORJUELA, JR Plea Agreement Hearing
RESCHEDULED for 10/2/2013 at 2:00 PM in Courtroom 23A before Judge Ellen S.
Huvelle. (tcb)



Filed & Entered: 09/23/2013



Set/Reset Deadlines/Hearings



Full docket text:

Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Plea Agreement Hearing
reset for 10/2/2013 at 2:00 PM in Courtroom 8 before Judge Ellen S. Huvelle. (cdw)



Filed: 10/02/2013
Entered: 10/03/2013



O Plea Agreement Hearing



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Plea Agreement
Hearing as to HECTOR ORJUELA, JR held on 10/2/2013. Plea of guilty entered as to
Counts 1 and 2. REFERRED TO PROBATION OFFICE for Presentence Investigation
Report. Sentencing set for 12/17/2013 @ 9:30 a.m. in Courtroom 23A before Judge
Ellen S. Huvelle. Bond Status of Defendant: Committed. Commitment issued.; Court
Reporter: Vicki Eastvold; Defense Attorney: Jonathan Jeffress; US Attorneys: MiYung
Park and Sarah Chang, (zmm, )



CO-526
(12/86)



Case l:12-cr-00281-ESH Document 23 Filed 10/02/13 Page 1 of 1



IF I! L IE

OCT ~ 2 2013

UNITED STATES DISTRICT COURT Clerk, U.S. District & Bankruptcy
FOR THE DISTRICT OF COLUMBIA Courts for the District of Columbia



UNITED STATES OF AMERICA



vs.



Crimina



WAIVER OF TRIAL BY JURY
With the consent of the United States Attorney and the
approval of the Court, the defendant waives bis right to trial
by Jury.



I consent:




United States / ttorney




Coun



tnse^



for^e^endant



Approved




Judge



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 1 of 11

i t



U.S. Department of Justice

Criminal Division



Child Exploitation and Obscenity Section
1400 New York Ave., N.W , Suite 600
Washington, D C 20005



October 2, 2013



By Electronic Mail

Jonathan Jeffress, Esq.
Assistant Federal Public Defender
625 Indiana Avenue, Suite 550
Washington D.C. 20004



FILED

OCT - 2 2013

Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia



Re: United States v. Hector Orjuela, Jr.
Case No. 12-CR-281 (ESH)



Dear Counsel:

This letter sets forth the full and complete plea offer to your client, Hector Orjuela, Jr.,
from the Criminal Division of the United States Department of Justice (hereinafter "the
Government"). If your client accepts the terms and conditions of this offer, please have your
client execute this document in the space provided below. Upon receipt of the executed
document, this letter will become the Plea Agreement. The terms of the offer are as follows:

Charges and Statutory Penalties

1. Your client agrees to plead guilty to Counts One and Two of the Indictment in
Crim. No. 12-cr-281 (ESH), violations of 18 U.S.C. � 2423(c) (Engaging in Illicit Sexual
Conduct in Foreign Places) as well as to plead guilty via Rule 20 of the Federal Rules of
Criminal Procedure to Count One of an indictment that has been filed in the United States
District Court for the District of Maryland, United States v. Hector Orjuela, Jr., 13-178, a
violation of 18 U.S.C. � 2251(a) (Sexual Exploitation of a Minor for the Purpose of Producing
Child Pornography), and has been transferred to the District of Columbia for disposition under
Crim. No. 13-CR-193 (ESH).



1



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 2 of 11



2. Your client understands that pursuant to 18 U.S.C. � 2423(c), Counts One and
Two in Crim. No. 12-cr-281 each carry a maximum sentence of 30 years of imprisonment a fine,
an order of restitution, and an obligation to pay any applicable interest or penalties on fines or
restitution not timely made and a supervised release term of between 5 years to life pursuant to
18 US.C. � 3583(k). Your client also understands that pursuant to 18 U.S.C. � 2251(e), Count
One in Crim. No. 13-CR-193 (D. Maryland Crim. No. 13-178) carries a mandatory minimum
sentence of 15 years, a maximum sentence of 30 years of imprisonment, a fine, an order of
restitution, and an obligation to pay any applicable interest or penalties on fines or restitution not
timely made and a supervised release term of between 5 years to life pursuant to 18 US.C. �
3583(k). In addition, your client agrees to pay a special assessment of $100 per felony conviction
to the Clerk of the United States District Court for the District of Columbia prior to the date of
sentencing. Your client also understands that pursuant to 18 U.S.C. � 3572 and � 5E1.2 of the
Sentencing Guidelines, the Court may also impose a fine that is sufficient to pay the federal
government the costs of any imprisonment, term of supervised release and period of probation.
Further, your client understands that if your client has two or more convictions for a crime of
violence or felony drug offense, your client may be subject to the substantially higher guideline
penalties provided for in the career offender statutes and provisions of the Sentencing Guidelines.

3. In consideration of your client's plea to the above offenses, your client will not be
further prosecuted criminally by the Government for the conduct set forth in the attached
Statement of Offense, which includes a violation of 18 U.S.C. � 2241(c) against Jane Doe 3. In
addition, the Government agrees not to prosecute your client for the following conduct alleged by
John Does 1 and 2 who are the siblings of Jane Does 1 and 2: touching the genitalia of John Does
1 and 2 over their clothing between on or about August 13, 2012 and November 28, 2012 in
Shanghai, China.

Factual Stipulations

4. Your client agrees that the attached "Statement of the Offense ,, fairly and
accurately describes your client's actions and involvement in the offenses to which your client is
pleading guilty. Prior to the plea hearing, your client will adopt and sign the Statement of the
Offense as a written proffer of evidence.

Sentencing Guidelines

5. Your client understands that the sentence in this case will be determined by the
Court, pursuant to the factors set forth in 18 U.S.C. � 3553(a), including a consideration of the
guidelines and policies promulgated by the United States Sentencing Commission, Guidelines
Manual 2012 (hereinafter "Sentencing Guidelines" or "U.S.S.G"). Pursuant to Federal Rule of
Criminal Procedure 11(c)(1)(B), and to assist the Court in determining the appropriate sentence,
the parties stipulate to the following. However, nothing in this agreement is to be read as
precluding either party from arguing for or against the applicability of any other specific offense
characteristic and/or adjustment to the defendant's base offense level that is not specifically

2



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 3 of 11



referenced in the agreement.

A. Offense Level under the Guidelines

The advisory guideline range calculation for Count One in Crim. No. 12-cr-281 (ESH),
Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Section 2G1.3 (18 U.S.C. � 2423(c))

Estimated Base Offense Level 24
Applicable Specific Offense Characteristics

� 2G 1.3(b)(2)(B), Undue Influence +2

� 2G1 .3(b)(4)(A), Sex Act/Contact �2

� 2G1 .3(b)(5). Victim Under 12 years of Age �8

Total 36

The advisor}' guideline range calculation for Count Two in Crim. No. 12-cr-281 (ESH),
Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Section 2G1.3 (18 U.S.C. � 2423(c))

Estimated Base Offense Level 24
Applicable Specific Offense Characteristics

� 2G 1 .3(b)(2)(B), Undue Influence �2

� 2G 1.3(b)(4)(A), Sex Act/Contact �2

� 2G1 .3(b)(5). Victim Under 1 2 years of Age �8

Total 36

The advisory guideline range calculation for Count One in Crim. No. 13-cr-178 (WDQ),
Sexual Exploitation of Children, is as follows:

Section 2G2.1 (18 U.S.C. � 2251(a))

Estimated Base Offense Level 32
Applicable Specific Offense Characteristics

� 2G2. 1(b)(1)(A), Victim under 12 years of Age �4



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 4 of 11



� 2G2. 1 (b)(2)(A), Sex Act/Contact +2
� 2G2. 1 (b)(5), Defendant Was Relative �2

Total 40

In accordance with U.S.S.G. � 3D1 .4(a), the combined offense level is determined by
taking the offense level applicable to the Group with the highest offense level and increasing that
offense level by 3 levels. The highest offense level in our case is 40.

� 3D 1 .4, Combined Offense Level 40
� 3D 1 .4(a), Number of Units 3
� 3D 1.4, Increase in Offense Level +3

Total Combined Offense Level 43

In accordance with U.S.S.G. � 3E1.1, if your client chooses to accept responsibility, he
will be entitled to a three level decrease.

� 3E1.1, Acceptance of Responsibility ^3

Total Adjusted Offense Level 40



However, because a) the offenses to which Mr. Orjuela is pleading guilty are covered sex
crimes, b) Mr. Orjuela is neither a Career Offender covered under � 4B1 .1 nor did he commit the
instant offenses subsequent to sustaining at least one sex offense conviction, and c) Mr. Orjuela
engaged in a pattern of activity involving prohibited sexual conduct, pursuant to � 4B1. 5(b)(1),
the offense level shall be increased by 5.

� 4B1 .5(b)(l ), Repeat and Dangerous Sex Offender Against Minors +5

Offense Level 45 (life)

B. Adjustment for Acceptance of Responsibility : Assuming your client clearly
demonstrates acceptance of responsibility, to the satisfaction of the Government, through your
client's allocution and subsequent conduct prior to the imposition of sentence the Government
agrees that a 2-level reduction would be appropriate, pursuant to U.S.S.G. � 3El.l(a).
Furthermore, assuming your client has accepted responsibility as described in the previous
sentence and that your client's base offense level is 16 or greater, the Government agrees that an
additional 1-level reduction would be appropriate, pursuant to � 3El.l(b), U.S.S.G., because
your client has assisted authorities by providing timely notice of your client's intention to enter a
plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the
Court to allocate its resources efficiently.



4



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 5 of 11



Agreement as to Sentencing Allocution

6. The parties agree that your client may seek a sentence outside of the Guideline
Range established by the Sentencing Guidelines and may suggest that the Court consider a
sentence outside of the Guidelines range based upon the factors to be considered in imposing
sentence pursuant to Title 1 8, United States Code, � 3553(a).

7. Nothing in this Agreement limits the right of the Government to seek denial of the
adjustment for acceptance of responsibility, see U.S.S.G., � 3E1.1, and/or imposition of an
adjustment for obstruction of justice, see U.S.S.G., � 3C1.1, regardless of any stipulation set
forth above, should your client move to withdraw your client's guilty plea after it is entered, or
should it be determined that your client has either (i) engaged in conduct, unknown to the
Government at the time of the signing of this Agreement, that constitutes obstruction of justice or
(ii) engaged in additional criminal conduct after signing this Agreement.

8. In addition, the Government reserves its right to full allocution in any post-
sentence litigation in order to defend the Court's ultimate decision on such issues. Your client
further understands that the Government retains its full right of allocution in connection with any
post-sentence motion which may be filed in this matter and/or any proceeding(s) before the
Bureau of Prisons. In addition, your client acknowledges that the Government is not obligated
and does not intend to file any downward departure sentencing motion under � 5K1.1 of the
Sentencing Guidelines, or any post-sentence downward departure motion in this case pursuant to
Rule 35(b) of the Federal Rules of Criminal Procedure.

Court Not Bound by the Plea Agreement

9. It is understood that pursuant to Federal Rules of Criminal Procedure 1 1(c)(1)(B)
and 1 1(c)(3)(B) the Court is not bound by the above stipulations, either as to questions of fact or
as to the parties' determination of the applicable Guidelines range, or other sentencing issues. In
the event that the Court considers any Guidelines adjustments, departures, or calculations
different from any stipulations contained in this Agreement, or contemplates a sentence outside
the Guidelines range based upon the general sentencing factors listed in Title 18, United States
Code, � 3553(a), the parties reserve the right to answer any related inquiries from the Court.

Court Not Bound by the Non-Mandatory Sentencing Guidelines

10. It is understood that the sentence to be imposed upon your client is determined
solely by the Court. It is understood that the Sentencing Guidelines are not binding on the Court.
Your client acknowledges that your client's entry of a guilty plea to the charged offense
authorizes the sentencing court to impose any sentence, up to and including the statutory
maximum sentence, which may be greater than the applicable Guidelines range. The
Government cannot, and does not, make any promise or representation as to what sentence your
client will receive. Moreover, it is understood that your client will have no right to withdraw
your client's plea of guilty should the Court impose a sentence outside the Guidelines range.



5



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 6 of 11



Restitution .

3-7 Ho c; c

Your client understands that in addition toihe" Dther penalties provided by law,
pursuant to 18 U.S.C. �� 2259 and 3664, it is mandatory that the Court order your client to make
restitution for the full amount of any victim^sy compensable losses. Because the Government
may not yet have identified all victirns-oi your client's crime or know whether restitution will be
requested, your client understands and that the Government will request that the Court order
restitution for any identified victim for the full amount of his/her losses that were caused by your
client's crime tha>rsihe subject of this plea agreement.

Ho s ■ ^

Your client understands that an unanticipated request for restitution by a victim(s)
or an unanticipated amount of a restitutiprTOTdered by the Court will not serve as grounds to
withdraw your client's guilty p\ea.Y<far client also understands that the Court may not decline to
order restitution because of^rtlfclienf s economic circumstances or the fact that the victim(s)
have, or may be enjjilelfto, receive compensation for any losses from any other source.
Restitution is pjjyatrfe immediately at the time of sentencing unless ordered otherwise by the

13. Your client further/agrees to identify all assets over whi6ffhe exercises control,
directly or indirectly, (or has e^rcised such control, within the past five years). Your client also
agrees to identify all assets / rn which he has or had during that time any financial interest. Your
client agrees to take a Insteps as requested by the Government to obtain from any other parties by
any lawful means arty records of assets owned at any time by your client. Your client agrees to
undergo any polygraph examination the Government may choose to administer concerning such
assets and jt0"provide and/or consent to the release of your client's tax returns for the previous
five years'!



Forfeiture



14. The Government and the defendant hereby agree that the property to be forfeited
includes, but is not limited to, the following items seized from the defendant, and currently in the
custody and/or control of the Federal Bureau of Investigation that were properly seized and were
involved in or used in violation of Federal law by defendant:



a.


iPad 16G, S/N DMQGLG77DKPH


b.


HP G60 Laptop, S/N 2CE947CHWZ


c.


Attache thumb drive


d.


Kingston thumb drive


e.


Toshiba thumb drive


f.


Silver rings


g-


CD labeled "June 2012"


h.


Second CD labeled "June 2012"


i.


CD labeled "AT&T"


j-


Canon Powershot Camera



6



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 7 of 11



The defendant agrees that such items are subject to seizure and forfeiture by the United States,
and that no defense exists to the seizure and forfeiture of that property by the United States. As
such, the defendant hereby relinquishes all claim, title, and interest he has in the above-
referenced property to the United States of America and agrees not to oppose any civil,
administrative, or judicial forfeiture of the property. In addition, defendant acknowledges that the
Government is continuing to analyze items seized. He agrees that, if the analysis determines that
those items are forfeitable, he will not contest forfeiture or destruction by the Government by any
means it chooses and at any time. The defendant knowingly and voluntarily waives any right to
timely notice provided for in 18 U.S.C. � 983. In the event that the law enforcement agency
having custody of the property decides not to pursue forfeiture of the property due to its minimal
value, the defendant hereby abandons any interest he has in such property and consents to its
destruction by the law enforcement agency.

Waiver of Rights

15. In entering this plea of guilty, your client understands and agrees to waive certain
rights afforded to your client by the Constitution of the United States and/or by statute, including:
the right against self-incrimination with respect to the offense to which your client is pleading
guilty; the right to be tried by a jury, or by a judge sitting without a jury; the right to be assisted
by an attorney at trial; and the right to confront and cross-examine witnesses. Your client further
agrees that the District Judge should make any Sentencing Guidelines determinations.

16. Your client is aware that federal law, specifically 18 U.S.C. � 3742, affords your
client the right to appeal the sentence in this case. Your client is aware that the Government's
factual stipulations and predictions about the calculation of the sentencing guidelines are not
binding on the sentencing judge. Knowing that, your client waives the right to appeal his
sentence or the manner in which it was determined pursuant to 18 U.S.C. � 3742, except to the
extent that (a) the Court sentences your client to a period of imprisonment longer than the
statutory maximum, or (b) the Court departs upward from the applicable Sentencing Guideline
range pursuant to the provisions of U.S.S.G. � 5K2.0 or based on a consideration of the
sentencing factors set forth in 18 U.S.C. � 3553(a). Further, your client reserves the right to
make a collateral attack upon your client's sentence pursuant to 28 U.S.C. � 2255, if new and
currently unavailable information becomes known to him. In agreeing to this waiver, your client
is aware that your client's sentence has yet to be determined by the Court. Realizing the
uncertainty in estimating what sentence the Court ultimately will impose, your client knowingly
and willingly waives your client's right to appeal the sentence, to the extent noted above, in
exchange for the concessions made by the Government in this Agreement.

Release/Detention

1 7. Your client agrees not to object to the Government's recommendation to the Court
at the time of the plea of guilty in this case that, pursuant to 18 U.S.C. � 3143, your client be
detained without bond pending your client's sentencing in this case and that if a term of
incarceration is imposed that he will not seek to be released after sentencing.



7



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 8 of 11



Sexual Offender Registration

1 8. Your client acknowledges and agrees that pursuant to the Sex Offender
Registration and Notification Act, 18 U.S.C � 2250, 42 USC �� 16911(2), 16915(a)(1), he is
required to register as a sex offender for a minimum period of 15 years and to keep the
registration current in jurisdictions where he resides, where he is employed and where he is a
student. He understands that the requirements for registration include providing his name,
residence address, and the names and addresses of any places where he will be employed or a
student, among other information. Your client understands that should he knowingly fail to
comply with his obligations under the Sex Offender Registration and Notification Act, pursuant
to 18 U.S.C. Code � 2250, he could be prosecuted for the offense of failure to register and
subject to a term of up to ten years imprisonment, a fine or both. He further understands that
compliance with the requirements of the Sex Offender Registration and Notification Act is a
specific condition of supervised release pursuant to 18 U.S.C. � 3583 and that failure to comply
with his obligations under the Act could subject him to revocation of supervised release in
addition to prosecution for the felony offense of failure to register.

Breach of Agreement

19. Your client understands and agrees that if. after entering this Plea Agreement,
your client fails specifically to perform or to fulfill completely each and every one of your
client's obligations under this Plea Agreement, or engages in any criminal activity prior to
sentencing, your client will have breached this Plea Agreement. In the event of such a breach:
(a) the Government will be free from its obligations under the Agreement; (b) your client will not
have the right to withdraw the guilty plea; (c) your client shall be fully subject to criminal
prosecution for any other crimes, including perjury and obstruction of justice; and (d) the
Government will be free to use against your client, directly and indirectly, in any criminal or civil
proceeding, all statements made by your client and any of the information or materials provided
by your client, including such statements, information and materials provided pursuant to this
Agreement or during the course of any debriefings conducted in anticipation of, or after entry of
this Agreement, including your client's statements made during proceedings before the Court
pursuant to Fed. R. Crim. P. 1 1 .

20. Your client acknowledges discussing with you Federal Rule of Criminal
Procedure 11(f) and Federal Rule of Evidence 410, rules which ordinarily limit the admissibility
of statements made by a defendant in the course of plea discussions or plea proceedings if a
guilty plea is later withdrawn. Your client knowingly and voluntarily waives the rights which
arise under these rules.

21. Your client understands and agrees that the Government shall only be required to
prove a breach of this Plea Agreement by a preponderance of the evidence. Your client further
understands and agrees that the Government need only prove a violation of federal, state, or local
criminal law by probable cause in order to establish a breach of this Plea Agreement.

22. Nothing in this Agreement shall be construed to permit your client to commit

8



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 9 of 11



perjury, to make false statements or declarations, to obstruct justice, or to protect your client from
prosecution for any crimes not included within this Agreement or committed by your client after
the execution of this Agreement. Your client understands and agrees that the Government
reserves the right to prosecute your client for any such offenses. Your client further understands
that any perjury, false statements or declarations, or obstruction of justice relating to your client's
obligations under this Agreement shall constitute a breach of this Agreement. However, in the
event of such a breach, your client will not be allowed to withdraw this guilty plea.

Waiver of Statute of Limitations

23. It is further agreed that should the conviction following your client's plea of guilty
pursuant to this Agreement be vacated for any reason, then any prosecution that is not time-
barred by the applicable statute of limitations on the date of the signing of this Agreement
(including any counts that the Government has agreed not to prosecute or to dismiss at
sentencing pursuant to this Agreement) may be commenced or reinstated against your client,
notwithstanding the expiration of the statute of limitations between the signing of this Agreement
and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to
waive all defenses based on the statute of limitations with respect to any prosecution that is not
time-barred on the date that this Agreement is signed.

Complete Agreement

24. No other agreements, promises, understandings, or representations have been
made by the parties or their counsel than those contained in writing herein, nor will any such
agreements, promises, understandings, or representations be made unless committed to writing
and signed by your client, defense counsel, and a Department of Justice Trial Attorney.

25. Your client further understands that this Agreement is binding only upon the
Criminal Division of the United States Department of Justice. This Agreement does not bind any
United States Attorney's Office, nor does it bind any other state, local, federal, or military
prosecutor.

26. If the foregoing terms and conditions are satisfactory, your client may so indicate
by signing the Agreement in the space indicated below and returning the original to me once it
has been signed by your client and by you or other defense counsel.



9



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 10 of 11



Sincerely yours,



By:



By:



ANDREW G. OOSTERBAAN
Chief. Child Exploitation and Obscenity Section
CriminaLDivision
United / St#fes Department of Justice




Ml YUNG P
TRIAL ATTO'






H CHANG
L ATTORNEY



10



Case l:12-cr-00281-ESH Document 24 Filed 10/02/13 Page 11 of 11



DEFENDANT'S ACCEPTANCE



I have read this Plea Agreement and have discussed it with my attorney, Jonathan
Jeffress, Esquire. I fully understand this Agreement and agree to it without reservation. I do this
voluntarily and of my own free will, intending to be legally bound. No threats have been made to
me nor am I under the influence of anything that could impede my ability to understand this
Agreement fully. I am pleading guilty because I am in fact guilty of the offense identified in this
Agreement.

I reaffirm that absolutely no promises, agreements, understandings, or conditions have
been made or entered into in connection with my decision to plead guilty except those set forth in
this Plea Agreement. 1 am satisfied with the legal services provided by my attorney in
connection with this Plea Agreement and matters related to it.



1 have read each of the pages constituting this Plea Agreement, reviewed them with my
client, and discussed the provisions of the Agreement with my client, fully. These pages
accurately and completely set forth the entire Plea Agreement. 1 concur in my client's desire to
plead guilty as set forth in this Agreement.



Date:




Hector Orjuela, Jr.
Defendant




ATTORNEY'S ACKNOWLEDGMENT




11



Case l:12-cr-00281-ESH Document 25 Filed 10/02/13 Page 1 of 4



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,



CRIMINAL NO. 12-CR-281 (ESH)



v.



HECTOR ORJUELA, JR.



FILED



Defendant




STATEMENT OF THE OFFENSE



The parties in this case, the United States of America and the defendant, Hector Orjuela,
Jr., stipulate and agree that the following facts are true and accurate. These facts do not constitute
all of the facts known to the parties concerning the charged offense; they are being submitted to
demonstrate that sufficient facts exist that the defendant committed the offense to which he is
pleading guilty.

1 . Defendant is a United States Citizen born in Torrance, California.

2. On or about August 13, 2012, the defendant, using his U.S. passport, traveled from the
United States to Shanghai, China. Around the end of August 2012, the defendant met
the mother of minor female victims Jane Doe 1 and Jane Doe 2 for the first time at a
local market in Shanghai, China. The mother of Jane Does 1 and 2 recognized
defendant as having taught English in schools in Shanghai, China and spoke to him
about tutoring her four children, including Jane Does 1 and 2, in the English language.



Case l:12-cr-00281-ESH Document 25 Filed 10/02/13 Page 2 of 4



Defendant agreed to tutor the four children and defendant started tutoring the children
twice a week. Defendant tutored the children on an individual basis in the basement of
the children's home from the end of August 2012 to around November 13. 2012 when
he departed Shanghai.

3. On or about November 13, 2012, defendant left China. On or about November 23,
2012, using his U.S. passport, the defendant traveled from the United States to
Shanghai, China. Defendant resumed tutoring of Jane Does 1 and 2 and their two
siblings. Both Jane Does 1 and 2 were five years old during the time that defendant
tutored them.

4. Defendant admits that between August 13, 2012 through November 28, 2012, he
engaged in illicit sexual conduct with Jane Doe 1 , a five year old minor female, during
a tutoring session. The illicit sexual conduct that the defendant engaged in with Jane
Doe 1 was the intentional touching, not through the clothing, of the genitalia of Jane
Doe 1 who was five years old at the time, with an intent to arouse the sexual desire of
the defendant.

5. Defendant admits that between August 13, 2012 through November 28, 2012, he
attempted to engage in illicit sexual conduct with Jane Doe 2, a five year old minor
female, during a tutoring session when he touched Jane Doe 2 with the intent to touch



Case l:12-cr-00281-ESH Document 25 Filed 10/02/13 Page 3 of 4



her genitalia, not through the clothing, to arouse his sexual desire, but stopped when
Jane Doe 2 resisted.



6. The defendant engaged in the illicit sexual conduct described above with Jane Doe 1 on
at least four occasions and attempted to engage in illicit sexual conduct with Jane Doe 2
on at least two occasions.



7. Defendant is a relative of minor female Jane Doe 3. On or about July 7. 2012.
defendant crossed state lines by traveling from Illinois to Maryland. On or about July
12, 2012, defendant visited Jane Doe 3 at a family gathering in Maryland. Jane Doe 3
was 7 years old in July 2012. At this family gathering, defendant spent time alone
with Jane Doe 3. During this time alone, the defendant removed Jane Doe 3's
underwear and used his Canon Powershot camera to take two close-up photographs of
Jane Doe 3's vaginal area. Defendant agrees that these two images constitute
lascivious exhibition of the genital area of Jane Doe 3. Defendant also admits that he
intentionally touched, not through the clothing, the genitalia of Jane Doe 3 at this time.

8. After taking the pictures of Jane Doe 3's vaginal area, the defendant transported his
Canon Powershot camera containing these images out of the State of Maryland.
Defendant's Canon Powershot camera was not manufactured in the State of Maryland.



3



Case l:12-cr-00281-ESH Document 25 Filed 10/02/13 Page 4 of 4



DEFENDANT'S ACKNOWLEDGMENT



I have read this Statement of the Offense and have discussed it with my attorney,
Jonathan S. Jeffress, Esquire. 1 fully understand this Statement of the Offense. I agree
and acknowledge by my signature that this Statement of the Offense is true and accurate.
I do this voluntarily and of my own free will. No threats have been made to me nor am I
under the influence of anything that could impede my ability to understand this Statement
of the Offense fully.



I have read this Statement of the Offense, and have reviewed it with my client fully.
I concur in my client's desire to adopt this Statement of the Offense as true and accurate.





Hector Orjuela
Defendant



ATTORNEY'S ACKNOWLEDGMENT





4



Case l:12-cr-00281-ESH Document 26 Filed 10/03/13 Page 1 of 1



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



Defendant.



FILED

OCT - 3 2013

Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia



Criminal No. _- (ESH)



SENTENCING SCHEDULING ORDER

It is hereby



ORDERED that the sentencing in this case is set for




in Courtroom



23 A; and it is further ^3^. yfjy]

• ORDERED that the probation officer assigned to this case disclose the initial version of
the presentence investigation report to the parties forty (40) days from the date of this Order; and
it is further

ORDERED that counsel submit their objections to the probation officer ten (10) days
after the report is initially disclosed by the probation officer; and it is further

ORDERED that the probation officer disclose to the parties and file with the court the
final presentence investigation report ten (10) days after the parties have submitted their
objections; and it is further

ORDERED that the parties file any memoranda in aid of sentencing with the court ten
(10) days after the final version of the presentence investigation report is disclosed by the
probation officer, with responses thereto due five (5) days thereafter. The parties' submissions
must contain supporting case law or any other authority that the parties intend to rely upon.

SO ORDERED.

ELLEN SEGAL HUVELLE
United States District Judge




Filed & Entered: 10/29/2013



O Order on Motion to Continue



Full docket text:

MINUTE ORDER granting [27] Motion to Continue Sentencing as to HECTOR ORJUELA
JR.: Upon consideration of defendant's Motion to Continue Sentencing Date, and for
good cause shown, it is hereby ORDERED that the motion is GRANTED; and it is
further ORDERED that the sentencing hearing is continued from December 17, 2013,
until Wedneday, January 15, 2014, at 9:30 a.m. SO ORDERED. Signed by Judge Ellen S.
Huvelle on October 29, 2013. (AG)



Filed & Entered: 10/29/2013



Set/Reset Hearings



Full docket text:

Set/Reset Hearing as to HECTOR ORJUELA, JR: Sentencing set for 1/15/2014, at 09:30
AM in Courtroom 23A before Judge Ellen S. Huvelle. (tth)



Case l:12-cr-00281-ESH Document 27 Filed 10/29/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



DEFENDANT HECTOR ORJUELA'S
MOTION TO CONTINUE SENTENCING DATE

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully

submits this Motion to Continue Sentencing Date. In support of this Motion, Mr. Orjuela

respectfully submits as follows:

1 . Mr. Orjuela plead guilty on October 2, 2013. At that time, the Court set
sentencing for December 17, 2013.

2. Mr. Orjuela is not from the Washington, D.C. area. His family is located in
Miami, Florida, in Colombia, South America, as well as other places. After discussing this
matter with Mr. Orjuela and his family members, it will be very difficult for all the family
members who want to attend the sentencing to be present on December 17th. In addition,
counsel anticipates that this will be a highly contested sentencing that will require a substantial
amount of preparation by counsel.

3. As a result of the above, the defense respectfully requests that the Court continue
the sentencing date to a date in mid to late January 2014.

4. Undersigned counsel contacted the government concerning this Motion yesterday,



Case l:12-cr-00281-ESH Document 27 Filed 10/29/13 Page 2 of 3



but has not heard back. At the time the sentencing date was set, government counsel informed
defense counsel that it was fine with continuing the sentencing until the new year.

WHEREFORE, for the foregoing reasons, Mr. Orjuela respectfully moves this
Honorable Court to continue the sentencing until mid to late January, 2014.



Respectfully submitted,

/s/

Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



2



Case l:12-cr-00281-ESH Document 27 Filed 10/29/13 Page 3 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



ORDER

Upon consideration of defendant's Motion to Continue Sentencing Date, and for good

cause shown, it is this day of ,

2013, hereby

ORDERED that the motion is GRANTED; and it is further



ORDERED that he hearing is continued until
am/pm.



, 2014 at



SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Filed & Entered: 10/31/2013



a Order



Full docket text:

MINUTE ORDER as to HECTOR ORJUELA, JR: In light of the change to the date of the
sentencing hearing, and with the consent of the parties, it is hereby ORDERED that
the Sentencing Scheduling Order is modified to provide that (1) the presentence
investigation report ("PSR") shall be disclosed by 12/5/2013; (2) objections to the
PSR are due by 12/19/2013; (3) the final PSR is due by 1/2/2014; (4) the parties'
sentencing memoranda are due by 1/7/2014; and (5) responses (if any) to sentencing
memorandum are due by 12:00 p.m. (noon) on 1/10/2014. SO ORDERED. Signed by
Judge Ellen S. Huvelle on October 31, 2013. (AG) Modified on 11/1/2013 (zcdw).



Filed: 10/31/2013
Entered: \\IO\l20tt



Set/Reset Deadlines/Hearings



Full docket text:

Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Objections to the PSR due
by 12/19/2013. Final PSR due by 1/2/2014. Sentencing Memoranda due by 1/7/2014.
Responses to Sentencing due by 1/10/2014. (cdw)



Case l:12-cr-00281-ESH Document 29 Filed 12/16/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA, : CRIMINAL NO. 12-CR-281 (ESH)

13-CR-193 (ESH)

v. :
HECTOR ORJUELA, JR.

Defendant

GOVERNMENT'S OBJECTIONS TO THE PRESENTENCE REPORT
The United States hereby respectfully objects to the following in the Presentence Report
(hereinafter "PSR") filed on December 5, 2013:

• On page 1, Count 1 should reflect a charge under 18 U.S.C. � 2423(c) & (e).

• On page 2, Under "Release Status," the defendant was "removed" not "extradited" to the
District of Columbia.

• On page 4, numeral 2, the forfeiture provisions should include subsection (c) of the
Notice of Forfeiture in the Indictment for case 12cr281, which reads, "in the event that
any property described in (a) and (b) cannot be located upon the exercise of due
diligence; has been transferred or sold to, or deposited with, a third party; has been placed
beyond the jurisdiction of the court; has been substantially diminished in value; or has
been commingled with other property which cannot be divided without difficulty, all
other property of the defendant, pursuant to � 853(p), to the extent of the value of the
property described in (a) and (b)."

• On page 4, numeral 4, the forfeiture provisions should include subsections (a), (b), and
(c) of the Forfeiture Allegation in the Indictment in 13crl78, which reads, "(a) Any visual
depiction described in Title 18, United States Code, sections 2251, 2251 A, or 2252, or
any book, magazine, periodical, film, videotape, or other matter which contains any such
visual depiction, which was produced, transported, mailed, shipped or received in
violation of Title 18, United States Code, Chapter 1 10; (b) any property, real or personal,
constituting or traceable to gross profits or other proceeds obtained from the offenses;
and (c) any property, real or personal, used or intended to be used to commit or to
promote the commission of the offenses." In addition, the forfeiture provisions should
also state, "If any of the property described above, as a result of any act or omission of
the defendant cannot be located upon the exercise of due diligence; has been transferred
or sold to, or deposited with, a third part; has been placed beyond the jurisdiction of the
court; has been substantially diminished in value; or has been commingled with other
property which cannot be divided without difficulty, the United States of America shall
be entitled to forfeiture of substitute property pursuant to Title 21, United States Code,
Section 853(p), as incorporated by Title 18, United States Code, Section 2253(b) and



Case l:12-cr-00281-ESH Document 29 Filed 12/16/13 Page 2 of 3



Title 28, United States Code, Section 2461(c)."

On page 4, numeral 5, the date on which defendant waived venue to the District of
Columbia is December 2, 2013, not December 3, 2013.

On page 4, numeral 6, the case numbers should read 12cr00281 and 13cr00193.

On page 5, numeral 7, footnote 3, the offense Aggravated Sexual Abuse should also

include the description "involving a child who has not attained the age of 12."

On page 7, numerals 18 and 19, the August date should read August 13, 2012, not August

30,2012.

On page 8, numeral 25, according to the interview reports, Jane Doe 2 stated that the
defendant took some "saliva" from his pocket and made her swallow it, not something
"wet." In addition, this statement and everything that follows was provided by the
mother of Jane Does 1 & 2 during a separate FBI interview.

On page 8, numeral 26, the medical examination summary should include the following
fact: that during the examination, the mother of Jane Does 1 & 2 observed a scratch on
Jane Doe l's anus.

On page 8, numeral 27, after the sentence, "Her sons, at the time, were ages 1 1 and 8,"
should follow: "Her 1 1 year old son stated that the defendant touched his buttocks and
penis from outside his clothes on two separate occasions. Her 8 year old son advised that
the defendant would insult and threaten. . . ."

On page 8, numeral 27, the last sentence in that paragraph should read, "During a
previous interview with the FBI, both children denied that the defendant had previously
sexually, or physically, abused them."

On page 9, after numeral 29, should be added the following: "The above information was
obtained pursuant to an interview of Jane Doe 3 conducted by the FBI on February 22,
2013."

On page 13, numeral 52, the United States also notes that the defendant admitted in his
letter dated March 30, 2012 to this cousin, the mother of Jane Doe 3, that "I did abuse
those 2 girls in China but didn't go to the extreme of hurting them lets say having sex
with them." Defendant also admitted that he abused Jane Doe 3 and explained, "In this
moment I'm still questioning myself why I decided to abuse [Jane Doe 3]. I guess
because she was very close to me and mainly because I disrespect her especially at your
parents' house. I know I did wrong. . . ."

On page 14, numeral 57, the USSG section cited should be � 2G1. 3(b)(4)(A).
On page 15, numeral 66, the USSG section cited should be � 2G1. 3(b)(4)(A).
On page 23, numeral 142, the total offense level should be 45, not 43.



Respectfully submitted,

__/s

SARAH CHANG
TRIAL ATTORNEY

__/s

MI YUNG PARK
TRIAL ATTORNEY



Case l:12-cr-00281-ESH Document 29 Filed 12/16/13 Page 3 of 3



CERTIFICATE OF SERVICE

I hereby certify that I have caused a copy of this filing to be sent to counsel for defendant,
Jonathan Jeffress, via e-mail on December 16, 2013, to jonathan jeffress@fd.org .

/s

SARAH CHANG
TRIAL ATTORNEY



Case l:12-cr-00281-ESH Document 30 Filed 12/19/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



DEFENDANT HECTOR ORJUELA'S UNOPPOSED
MOTION TO CONTINUE SENTENCING DATE

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully

submits this Unopposed Motion to Continue Sentencing Date. In support of this Motion, Mr.

Orjuela respectfully submits as follows:

1 . Mr. Orjuela plead guilty on October 2, 2013. Based on a prior motion to continue
the sentencing, the Court set sentencing for January 15, 2014. The draft PSR has been prepared
in this case and delivered to counsel.

2. Mr. Orjuela is not from the Washington, D.C. area, and therefore counsel wants to
ensure that this matter is ready for sentencing on the scheduled date. Counsel's preparation for
Mr. Orjuela 's sentencing involves obtaining information from several sources, a process that is
complicated by the impending Holidays. Counsel is unsure that he can obtain all necessary
information by the January 15, 2014 sentencing date.

3. As a result of the above, the defense respectfully requests that the Court continue
the sentencing date to a date in mid to late February 2014.

4. Undersigned counsel contacted the government concerning this Motion. The



Case l:12-cr-00281-ESH Document 30 Filed 12/19/13 Page 2 of 3



government has no objection to this motion.

WHEREFORE, for the foregoing reasons, Mr. Orjuela respectfully moves this
Honorable Court to continue the sentencing until mid to late February, 2014.



Respectfully submitted,

/s/

Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



2



Case l:12-cr-00281-ESH Document 30 Filed 12/19/13 Page 3 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



ORDER

Upon consideration of defendant's Motion to Continue Sentencing Date, and for good

cause shown, it is this day of ,

2013, hereby

ORDERED that the motion is GRANTED; and it is further



ORDERED that he hearing is continued until
am/pm; and it is further



, 2014 at



ORDERED that counsel shall submit their objections to the probation officer by January
10, 2014.

SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Filed & Entered: 12/27/2013



O Order on Motion to Continue



Full docket text:

MINUTE ORDER granting [30] Unopposed Motion to Continue Sentencing as to
HECTOR ORJUELA JR. (1). The Sentencing formerly set for 1/15/2014 is reset to
2/27/2014 @ 3:00 p.m. Signed by Judge Ellen S. Huvelle on 12/27/2013. (zmm, )



Filed & Entered: 12/27/2013



O Set/Reset Hearings



Full docket text:

Set/Reset Hearings as to HECTOR ORJUELA, JR: Sentencing set for 2/27/2014 03:00
PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, )



Filed & Entered: 01/02/2014



O Order



Full docket text:

MINUTE ORDER as to HECTOR ORJUELA, JR: At the request of the parties, the
deadline for filing sentencing memoranda is extended to 2/13/2014 and responses
(if any) to sentencing memoranda are due by 2/20/2014. Sentencing in this case
remains set for 2/27/2014 @ 3:00 p.m. Signed by Judge Ellen S. Huvelle on 1/2/2014.
(zmm, )



Case l:12-cr-00281-ESH Document 31 Filed 01/13/14 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



DEFENDANT HECTOR ORJUELA'S UNOPPOSED
MOTION TO RESCHEDULE SENTENCING DATE

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully

submits this Unopposed Motion to Reschedule Sentencing Date. In support of this Motion, Mr.

Orjuela respectfully submits as follows:

1 . Mr. Orjuela plead guilty on October 2, 2013. Based on Mr. Orjuela' s prior
motion to continue the sentencing, the Court set sentencing for February 27, 2014.

2. Unfortunately, Mr. Orjuela's brother cannot attend sentencing on February 27,
2014, as he is already scheduled to be out of the country.

3. As a result of the above, the defense respectfully requests that the Court continue
the sentencing to February 19th or 20th, 2014. Counsel understands from both Chambers and
government counsel that these are good dates for all parties.

4. Undersigned counsel contacted the government concerning this Motion. The
government has no objection to this motion.

WHEREFORE, for the foregoing reasons, Mr. Orjuela respectfully moves this
Honorable Court to reschedule the sentencing for February 19th or 20th, 2014.



Case l:12-cr-00281-ESH Document 31 Filed 01/13/14 Page 2 of 3



Respectfully submitted,

/s/

Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



2



Case l:12-cr-00281-ESH Document 31 Filed 01/13/14 Page 3 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



ORDER

Upon consideration of defendant's Motion to Continue Sentencing Date, and for good

cause shown, it is this day of ,

2014, hereby

ORDERED that the motion is GRANTED; and it is further



ORDERED that he hearing is continued until
am/pm; and it is further



, 2014 at



ORDERED that counsel shall submit their objections to the probation officer by January
10, 20 14; and it is further

ORDERED that sentencing memoranda are now due two weeks before the new
sentencing date, and responses one week after that.

SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Filed & Entered: 01/17/2014



O Order on Motion to Continue



Full docket text:

MINUTE ORDER granting [31] Unopposed Motion to Continue Sentencing as to
HECTOR ORJUELA JR. (1). The sentencing currently scheduled for 2/27/2014 is reset
to 3/6/2014 @ 9:45 a.m. Signed by Judge Ellen S. Huvelle on 1/17/2014. (zmm, )



Filed & Entered: 02/14/2014



O Recommendation of PSI Report



Full docket text for document 33:

Recommendation of PSI Report as to HECTOR ORJUELA, JR. re [32] Final Presentence
Investigation Report Not for public disclosure per Judicial Conference Policy.(Shaffer,
Brian)



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 1 of 20



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



HECTOR ORJUELA, JR.



Criminal Nos. 12-CR-281 (ESH)
13-CR-193 (ESH)



GOVERNMENT'S MEMORANDUM IN SUPPORT OF SENTENCING
Defendant, Hector Orjuela Jr., faces sentencing after pleading guilty before this Court on
October 2, 2013, to two counts of engaging in, and attempting to engage in, illicit sexual conduct
in a foreign place, in violation of 18 U.S.C. � 2423(c) in case number 12-CR-281 (ESH) and one
count of sexual exploitation of a minor for the purpose of producing child pornography, in
violation of 18 U.S.C. � 2251(a) in case number 13-CR-193 (ESH). He faces a statutory
mandatory minimum of 15 years of imprisonment and a maximum of 30 years' imprisonment for
the production charge and a maximum of 30 years of imprisonment for the illicit sexual conduct
charges, all to be followed by a period of supervised release between five years and life. 1 The
United States has reviewed the Presentence Report and concurs with the findings of the Probation
Office, including the determination that the applicable guideline range is life. The United States
respectfully submits that the Sentencing Guidelines establish a reasonable sentencing range that
appropriately accounts for each of the factors set forth in 18 U.S.C. � 3553(a), and accordingly
requests that this Court impose a sentence within the applicable guideline range.



1 The Guidelines recommend lifetime supervision for sex offense convictions. See U.S.S.G. � 5D1.2(b)(2)(Policy
Statement). See also 18 U.S.C. � 3583(k) (for any offense under section 2251, the authorized term of supervised
release is any term of years not less than five, or life.).



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 2 of 20



FACTUAL BACKGROUND

Defendant, a U.S. citizen, first met his victims in case number 12-CR-281, Jane Does #1
and #2, as their English tutor in August of 2012. Invited into their home and entrusted with the
care and supervision of Jane Does #1 and #2, defendant abused that trust and used his time alone
with Jane Does #1 and #2 (each tutored separately) to molest and attempt to molest them sexually
repeatedly. Both Jane Doe #1 and #2 were five years old at the time of defendant's offenses.

The mother of Jane Does #1 and #2 had every reason to trust the defendant. He was
known to her as an English teacher at a reputable Shanghai school. When the defendant asked her
for a private area of the house in which to conduct his one-on-one tutoring sessions with the
children, the mother obliged. The defendant at first asked to tutor the children in the guest
bedroom of the house. When the mother refused, he settled for the basement, which also
happened to have an adjoining guest room and bathroom off of the main room.

The defendant used that time alone with the children, out of sight from their mother, to
molest and attempt to molest sexually Jane Does #1 and #2 repeatedly. For example, between
August 13, 2012 and November 28, 2012, the defendant sexually molested Jane Doe #1, a five
year old minor female, during a tutoring session by intentionally touching, not through the
clothing, Jane Doe #l's genitalia. During a forensic interview conducted on December 22, 2012,
Jane Doe #1 disclosed that the defendant touched her inside her vagina with his hands and
subsequently "put his hands in my butt." She stated that it hurt and that she could tell his hands
were inside because she could feel them.

The defendant also attempted to molest sexually Jane Doe #2, a five year old minor female,
during a tutoring session by attempting to touch Jane Doe #2's genitalia, not through the clothing,



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but stopped when Jane Doe #2 resisted. During a forensic interview conducted on December 22,
2012, Jane Doe #2 disclosed that the defendant put his fingers in her mouth and on her pants. In
addition, Jane Doe #2 identified several different parts of her body that the defendant touched,
including her vaginal and rectal areas. 2

The defendant's molestation of Jane Does #1 and #2 would have continued had their
mother not walked in on the defendant molesting Jane Doe #1 on or about November 28, 2012.
The mother was upstairs while the tutoring session between the defendant and Jane Doe #1 was
occurring downstairs in the basement. The mother was on the phone at the time and noticed at
one point that she could not hear English coming from the basement. Concerned, the mother
interrupted her phone call to check on the defendant and Jane Doe #1. As she walked down the
stairs, she witnessed Jane Doe #1 naked from the waist down and the defendant fondling Jane Doe
#l's vagina and anus with his fingers. The mother immediately had the defendant leave her
house. She then called her American friend who arrived at the home and called the U.S.
Consulate. American Citizen Services advised them to call local Shanghai police who then
detained the defendant.

On December 5, 2012, U.S. law enforcement officials interviewed the defendant while he
was in custody in Shanghai, China. After he was advised of his Miranda rights, the defendant
chose to waive them and voluntarily agreed to an interview. The defendant stated that he was
aware that Jane Does #1 and #2 were five years old. The defendant also admitted that he had

2 Jane Doe #2 first disclosed to her mother that the Defendant had sexually abused her in a similar manner to

that of Jane Doe #1 by penetrating her vagina with his fingers. During the forensic interview, Jane Doe #2 disclosed
that the defendant had touched her genital area under her dress but did not specifically indicate whether the touching
was over or under her clothing. For purposes of entering the guilty plea for offense conduct related to Jane Doe #2,
the Defendant admitted that he touched Jane Doe #2 with the intent to touch her genitalia not through the clothing to
arouse his sexual desire but stopped when she resisted. See Docket No. 24.



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touched and fondled the genitalia of both Jane Does #1 and #2 on several occasions. According to
the defendant, he had molested Jane Doe #1 in this manner four times and Jane Doe #2 only twice
because she had resisted.

During the investigation of the defendant's molestation of Jane Does #1 and #2, a search
warrant was executed on the defendant's electronic media found in his possession when he entered
the United States on December 21, 2012. On that electronic media, law enforcement agents
found a series of photographs that appeared to have been taken in the United States, specifically in
Maryland, and included sexually explicit photographs of a then unknown minor female' s genitalia.
For example, one of the photographs depicted a minor female's genitalia being spread apart by the
defendant's fingers, known to law enforcement because of an identifying ring worn on the
defendant's hand. Further investigation revealed the identity of this minor female, referred to as
Jane Doe #3, in case number 13-CR-193, as a relative of the defendant whom he had visited at a
family gathering in Maryland on or about July 12, 2012. At this family gathering, the defendant
spent time alone with Jane Doe #3, removed her underwear, and used his camera to take two
close-up photographs of her vaginal area. Jane Doe #3 was 7 years old in July 2012. After
taking the pictures of Jane Doe #3, the defendant transported his camera out of Maryland. 3



3 Forensic interviews were conducted of Jane Does #1, #2, and #3. The interview of Jane Doe #1 is being submitted
under seal as Government's Sentencing Exhibit A as a representative sample of the interviews conducted. Interviews
of Jane Does #2 and #3 can also be made available for the court's review upon notification to the Government.



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SENTENCING CALCULATION

Statutory Maximum Penalties

Engaging in Illicit Sexual Conduct in Foreign Places, in violation of 18 U.S.C. � 2423(c),
carries a statutory maximum penalty of thirty years' imprisonment, a term of supervised release of
not less than five years or life pursuant to 18 U.S.C. � 3583(k), a fine of up to $250,000 pursuant to
18 U.S.C. � 3571(b)(3), an order of restitution pursuant to 18 U.S.C. � 3663A, and a mandatory
special assessment of $100 pursuant to 18 U.S.C. � 3013(a)(2)(A). The defendant must also
register as a sex offender pursuant to 18 U.S.C. � 2250, 42 U.S.C. �� 16911(2) & 16915(a)(1).

Production of Child Pornography, in violation of 18 U.S.C. � 2251(a), carries a statutory
mandatory minimum penalty of 15 years' imprisonment, a maximum sentence of 30 years'
imprisonment, a fine of up to $250,000 pursuant to 18 U.S.C. � 3571(b)(3), an order of restitution
pursuant to 18 U.S.C. � 3663A, supervised release of not less than five years or life pursuant to 18
U.S.C. � 3584(k), and a mandatory special assessment of $100 pursuant to 18 U.S.C. �
3013(a)(2)(A). The defendant must also register as a sex offender pursuant to 18 U.S.C. � 2250,
42 U.S.C. �� 16911(2) & 16915(a)(1).
Calculation Under the Guidelines

In the Presentence Investigation Report, filed on December 5, 2013, and consistent with
the parties' plea agreement in this case, the defendant's adjusted offense level is calculated as
follows:

The advisory guideline range calculation for Count One in Crim. No. 12-cr-281 (ESH),
Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Base Offense Level, U.S.S.G. � 2G1. 3(a)(4) 24



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Specific Offense Characteristics, � 2G1. 3(b)(2)(B), Undue Influence +2

� 2G1. 3(b)(4)(A), Sex Act/Contact +2
� 2G1. 3(b)(5), Victim Under 12 years +8

Total Adjusted Offense Level 36

The advisory guideline range calculation for Count Two in Crim. No. 12-cr-281 (ESH),

Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Base Offense Level, U.S.S.G. � 2G1. 3(a)(4) 24

Specific Offense Characteristics, � 2G1 .3(b)(2)(B), Undue Influence +2

� 2G1. 3(b)(4)(A), Sex Act/Contact +2

� 2G1. 3(b)(5), Victim Under 12 years +8

Total Adjusted Offense Level 36

The advisory guideline range calculation for Count One in Crim. No. 13-cr-193(ESH),

Sexual Exploitation of Children for the Production of Child Pornography, is as follows:

Base Offense Level, U.S.S.G. � 2G2.1 32
Specific Offense Characteristics, � 2G2. 1(b)(1)(A), Victim under 12 years +4

� 2G2. 1(b)(2)(A), Sex Act/Contact +2
� 2G2. 1(b)(5), Defendant Was Relative +2

Total Adjusted Offense Level 40

In accordance with U.S.S.G. � 3D1.4(a), the combined offense level is determined by

taking the offense level applicable to the Group with the highest offense level and increasing that

offense level by three levels. The highest offense level in our case is 40.



Combined Offense Level, U.S.S.G. � 3D1.4 40
Number of Units, � 3D 1 .4(a) 3
Increase in Offense Level � 3D 1.4 +3

Total Combined Offense Level 43

In accordance with U.S.S.G. � 3E1.1, because the defendant accepted responsibility, he is



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 7 of 20



entitled to a three level decrease.

Acceptance of Responsibility, U.S.S.G. � 3E1.1 -3

Total Adjusted Offense Level 40

However, because a) the offenses to which the defendant pleaded guilty are covered sex

crimes, b) defendant is neither a Career Offender covered under � 4B1.1 nor did he commit the

instant offenses subsequent to sustaining at least one sex offense conviction, and c) defendant

engaged in a pattern of activity involving prohibited sexual conduct, pursuant to � 4B1. 5(b)(1), the

offense level shall be increased by five.

Repeat and Dangerous Sex Offender Against Minors, � 4B1. 5(b)(1) +5

Total Adjusted Offense Level 45

Based on a Criminal History Category I, the corresponding advisory sentencing range for

Counts One and Two in Crim. No. 12-cr-281 (ESH), and Count One in Crim. No. 13-cr-193 (ESH)

is life.

A sentence called for by the sentencing guidelines would be reasonable under the
circumstances in this case and meets the goals of 18 U.S.C. � 3553(a), in particular, based on the
following factors:

UNITED STATES' SENTENCING POSITION
Application of the Federal Guidelines post-Booker

In United States v. Booker , 125 S. Ct. 738 (2005), the Supreme Court held that the
mandatory application of the United States Sentencing Guidelines violates the Sixth Amendment
principles articulated in Blakely v. Washington , 124 S. Ct. 2531 (2004). As a consequence, the
Court invalidated the statutory provision that made the Guidelines mandatory, Title 18, United



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States Code, Section 3553(b)(1). Booker , 125 S. Ct. at 756. As the Supreme Court has stated, a
district court should begin all sentencing proceedings by correctly calculating the applicable
Guidelines range. See United States v. Gall , 552 U.S. 38, 49 (2007) ("As a matter of
administration and to secure nationwide consistency, the Guidelines should be the starting point
and the initial benchmark."). After giving both parties an opportunity to argue for an appropriate
sentence, the district court should then consider all of the applicable factors set forth in Title 18,
United States Code, Section 3553(a). Id. These factors include "the nature and circumstances of
the offense and the history and characteristics of the defendant" (18 U.S.C. � 3553(a)(1)); the need
for the sentence imposed to reflect the seriousness of the offense, to provide just punishment for
the offense, to afford adequate deterrence to criminal conduct, to protect the public from further
crimes of the defendant, and to provide the defendant with needed correctional treatment (18
U.S.C. � 3553(a)(2)); the kinds of sentences available (18 U.S.C. � 3553(a)(3)); the Sentencing
Guidelines and related Sentencing Commission policy statements (18 U.S.C. � 3553(a)(4) and
(a)(5)); the need to avoid unwarranted sentencing disparities (18 U.S.C. � 3553(a)(6)); and the
need to provide restitution to any victims of the offense (18 U.S.C. � 3553(a)(7)). The Guidelines
themselves seek to implement - in a fair and uniform way - these factors. A sentencing court
must make an "individualized assessment based on the facts presented." IcL at 49.

After calculating the guidelines range, the Court must consider the factors described in 18
U.S.C. � 3553(a) to reach a reasonable sentence, viewing the guidelines range as discretionary.
Booker , 543 U.S. at 266. Under the calculations adopted by probation, the defendant's total
offense level is 45 which is a guideline range of life. The defendant faces a statutory maximum of
30 years for Count 1 and 30 years for Count 2 for the charges in Crim No. 12-cr-281. The



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defendant faces a mandatory minimum sentence of 15 years and a maximum of 30 years'

imprisonment for Count 1 in Crim No. 13-cr-193. Section 5G1.2 of the U.S. Sentencing

Guidelines governs "Sentencing on Multiple Counts of Conviction" and in relevant part instructs

that "[i]f the sentence imposed on the count carrying the highest statutory maximum is less than

the total punishment, then the sentence imposed on one or more of the other counts shall run

consecutively, but only to the extent necessary to produce a combined sentence equal to the total

punishment." U.S.S.G. � 5G1.2(d). A sentence within that range is necessary to account for the

factors that the Court must consider under 18 U.S.C. � 3553(a).

Nature and Circumstances of the Offense and the History and Characteristics of the
Defendant

As outlined above, the defendant's offense behavior was repeated and surreptitious,
coming to light only when Jane Doe l's mother stumbled upon it. His offenses are made even
more egregious by his targeting of very young girls, between five and seven years old, and his
abuse of his positions of trust and authority, wherein he took advantage of time alone with the
minors to abuse them sexually. The damage the defendant caused to these minor victims cannot
be quantified.

In addition, the defendant's personal collection of child pornography was substantial and
forensic examinations revealed a total of 400-600 images and 30 videos of child pornography on
the defendant's electronic devices. While a handful of images and videos were of pubescent girls,
the vast majority of the images and videos are of girls who appear to be approximately 3-6 years
old, and then 7-9 years old. For example, one image found in the defendant's possession depicted
an Asian minor female who appears to be about 4-6 years old on her hands and knees with her head
turned backwards. The child's vagina and anus is exposed. Another image depicted a female



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 10 of 20



toddler bent over with a hand forcing open the anal opening of the toddler. One of the videos
depicted what appears to be a five year old child being raped by an adult male and subsequently
having an object forcibly placed into her anus.

It is clear that the defendant not only was a rabid consumer of child pornography, but was
also acting on his compulsions by sexually abusing children to whom he had access. In order to
perpetrate these offenses, the defendant placed himself in a position of trust to have access to
children. As a teacher and tutor, the defendant would have unfettered access to children, away
from their parents, and have opportunities to abuse them secretly. By manipulating his
affiliations and abusing the trust of parents, the defendant obtained access to children of his
preferred age. He skillfully manipulated children to stay silent despite repeated molestations by
him. Under the guise of a trusted teacher, the defendant made sure he was obtaining the sexual
gratification he so craved from young children.

The Government recognizes that the defendant has expressed remorse for his actions . The
defendant confessed to his sexual abuse of Jane Does #1 and #2 to law enforcement when
questioned. The defendant also wrote a letter of apology to Jane Doe #3' s mother for his abuse of
Jane Doe #3. In that respect the Government recognizes that the defendant is remorseful and
would like to stop his abuse of children. However, as the defendant's own words in a letter to
Jane Doe #3's mother demonstrate, he has had this sexual attraction to children since 1992 that he
cannot control: "[W]hen I became a teacher in Colombia in 1992 I found out I liked little girls but
couldn't hurt them .... since then I've been just dreaming and wondering if I could do or have a
girl to be with." Exhibit B, p. 3.4 What began as a desire to act out became an inability to
control his sexual impulses towards little children: "Last year was a very strange one because I had

4 The Government will file separately, under seal, exhibits A, B, and C in support of its sentencing memorandum.
Exhibit A will be made available to defense and Exhibits B and C will be provided to defense.



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 11 of 20



in mind to try and do something if I had the chance. I don't know why I decided to do it knowing

that all previous years I didn't do anything wrong." Id. He cannot explain why he could not stop

himself from abusing Jane Does #1 and #2 precisely because this abusive behavior is not under his

control. The defendant collected child pornography of young children to fuel his desires and

ultimately sexually abused the young children with whom he was entrusted. The defendant

himself recognizes that whatever sexual abuse he was subject to as a child cannot be an excuse for

his behavior: "I do know that my abuse is not part or the entire reason why I did what I did."

Exhibit B, p. 4. Rather, he readily admits that his desire to abuse children is a deeply embedded

part of who he is: "What I do truly believe is that part of the way I am liking girls and my abuse

made me the person I am." Id. However, defendant still seems to struggle with the fact that he

violated, abused, and hurt these children: "I did abuse those 2 girls in China but didn't go to the

extreme of hurting them lets say having sex with them." Id. In his mind, so long as he did not

engage in sexual intercourse with the girls, he did not hurt them. This equivocating by the

defendant should show the court that defendant has not fully reckoned with the consequences of

his offense behavior. The nature of defendant's offenses against Jane Does #1, #2, and #3, as well

as the characteristics and history of the defendant show that the defendant lacks impulse control

and a full appreciation for the harm he caused and thus poses a danger to society. A guideline

sentence is absolutely necessary to protect young children from the defendant's inability to control

or appreciate the harm caused by his sexually abusive behavior. See infra at pp. 12-16.

The Need for the Sentence to Reflect the Seriousness of the Offense, to Promote Respect
for the Law, and to Provide Just Punishment

As set forth above, the defendant's conduct is reprehensible and there is nothing in his
conduct that would suggest that any type of variance should be considered. While sexually



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abusing children with his own hands, the defendant also possessed and produced child

pornography depicting the child he had victimized. These are serious offenses, leaving more than

Jane Does #1, #2, and #3 in their paths. At least as early as the landmark decision, New York v.

Ferber , 458 U.S. 747 (1982), the Supreme Court acknowledged the harm suffered by children as a

result of the production and trafficking of child pornography:

[P]ornography poses an even greater threat to the child victim than does sexual
abuse or prostitution. Because the child's actions are reduced to a recording, the
pornography may haunt him in future years, long after the original misdeed took
place. A child who has posed for a camera must go through life knowing that the
recording is circulating within the mass distribution system for child pornography.

Ferber , 458 U.S. at 758, n.9.

Accordingly, the sentence must reflect the seriousness of the offense and its long-lasting
effects. A variance would promote a lack of respect for the law and fail to provide justice for the
victims of child pornography.

While Jane Doe #3 has not submitted a Victim Impact Statement, the parents of Jane Does

#1 and #2 have submitted a Victim Impact Statement which is being provided to the court under

seal as Government's Sentencing Exhibit C. 5

The Need to Afford Adequate Deterrence to Criminal Conduct and Protect the Public from
Further Crimes of the Defendant

Although he has no criminal history, the defendant poses a future danger to his young
victims, as demonstrated by his deceptive behavior, inability to fully appreciate the harms caused
by his sexual abuse of children, and his lack of impulse control. His sentence should address both



5 The victim impact statement has been provided to both defense counsel and probation. Along with the victim
impact statement, the Government has provided to both defense counsel and probation an email from Jane Doe #l's
mother indicating an allegation that Jane Doe #1 was abused by another individual in China during part of the relevant
period for defendant's offense behavior. At least five and possibly more minor victims have made allegations against
this other individual who is now in Chinese custody. This information is being provided to the court as additional
background information for the submitted victim impact statement as it relates to Jane Doe #1.



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the seriousness of his offenses and his future dangerousness. A guidelines sentence will help to
prevent future harm by the defendant. Likewise, the sentence needs to afford adequate general
deterrence. Congress, the Supreme Court, and the Sentencing Commission believe general
deterrence is a very important factor when considering an appropriate sentence. See, e.g. , United
States v. Irey , 612 F.3d 1160, 1211 (11th Cir. 2010) (quoting United States v. Ferber , 458 U.S.
747, 760 (1982)) ("The most expeditious if not the only practical method of law enforcement may
be to dry up the market for [child pornography] by imposing severe criminal penalties on persons
selling, advertising, or otherwise promoting the product"); 6 see also Osborne v. Ohio , 495 U.S.
103, 109-10 (1990) ("It is also surely reasonable for the State to conclude that it will decrease the
production of child pornography if it penalizes those who possess and view the product, thereby
decreasing demand."); United States v. Goff , 501 F.3d 250, 261 (3d Cir. 2007) ("[D]eterring the
production of child pornography and protecting the children who are victimized by it are factors
that should have been given significant weight at sentencing[.]"); United States v. Barevich , 445
F.3d 956, 959 (7th Cir. 2006) ("Transporting and receiving child pornography increases market
demand. The greater concern under the Guidelines is for the welfare of these exploited children.
The avenue Congress has chosen to weaken the child pornography industry is to punish those who
traffic in it."). In United States v. Goldberg , 491 F.3d 668, 672 (7th Cir. 2007), the Seventh
Circuit opined that:

Young children were raped in order to enable the production of the pornography that the
defendant both downloaded and uploaded - both consumed himself and disseminated to
others. The greater the customer demand for child pornography, the more that will be
produced. Sentences influence behavior, or so at least Congress thought when in 18
U.S.C. � 3553(a) it made deterrence a statutory sentencing factor. The logic of deterrence
suggests that the lighter the punishment for downloading and uploading child
pornography, the greater the customer demand for it and so the more will be produced.

6 The Irey court noted that " [c]hild sex crimes are among the most egregious and despicable of societal and criminal
offenses." 612 F.3d at 1206 (quoting United States v. Sarras , 575 F.3d 1191, 1220 (11th Cir. 2009).



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 14 of 20



Not only was the defendant a consumer and producer of child pornography, he was acting
on these compulsions with children to whom he had access, behind closed doors. That he was
able to hide his offenses for so long speaks to his future dangerousness. To minimize his actions,
the defendant reported to the probation officer that he was previously a victim of sexual abuse.
This does not excuse his longstanding, calculated, manipulative, and exploitative behavior
towards children. Studies and literature on this topic have not found any clear causal link
between experiencing child sexual abuse and perpetrating such an abuse as an adult. It is clear,
however, that the majority of victims of child sexual abuse do not become perpetrators themselves.
"The victim-offender cycle in male sexual abuse has been popularized as an explanation of why
some males sexually offend. However, there are serious limitations to this explanation
Lambie, Ian et al., "Resiliency in the victim-offender cycle in male sexual abuse" in Sex Abuse: A
Journal of Research and Treatment 14(1) (2002) at 43. See also Glasser, M. et al., "Cycle of child
sexual abuse: links between being a victim and becoming a perpetrator" in The British Journal of
Psychiatry 179 (2001) at 488 (noting that "the data do not provide strong support for a cycle of
sexual substantial proportion of male perpetrators"); and Briggs, F. and R. Hawkins, "A
Comparison of the Childhood Experiences of Convicted Male Child Molesters and Men who were
Sexually Abused in Childhood and Claimed to be Nonoffenders" in Child Abuse & Neglect 20(3)
(1996) at 230 (concluding that "[S]exual abuse at particular ages and frequency of abuse do not of
themselves necessarily lead to an increased likelihood of perpetuating abuse across generations.").

Moreover, with respect to studies which have suggested that "prior victimization may have
some effect in a minority of perpetrators . . . [a]nother possibility is that some sexual perpetrators
may feign sexual victimization in order to gain sympathy, preferential treatment, or therapy."



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Glasser, M. et al., "Cycle of child sexual abuse: links between being a victim and becoming a
perpetrator" in The British Journal of Psychiatry 179 (2001) at 488. See also Hall, R.C.W., "A
Profile of Pedophilia: Characteristics of Offenders, Recidivism, Treatment Outcomes, and
Forensic Issues" in Mayo Clinic Proceedings 82(4) (2007) at 464 ("There is also legitimate
concern regarding the validity of many of the self-reports of pedophiles who claim to have been
abused as children themselves. These statements are often made in a legal or group treatment
setting, in which pedophiles may be trying to mitigate their sentence or gain sympathy for their
behavior."); Haywood, Thomas et al., "Cycle of Abuse and Psychopathology in Cleric and
Noncleric Molesters of Children and Adolescents" in Child Abuse & Neglect 20(12) (1996) at
1234 ("Studies into prevalence of childhood sexual abuse among sex offenders have produced
mixed results with 8% to 60% of child molesters reporting having been sexually abused as a child.
Variability in prevalence rates across studies may be due in part to differing motivations on the
part of subjects to give self-serving histories. . .") (citations omitted); and Briggs, F. and R.
Hawkins, "A Comparison of the Childhood Experiences of Convicted Male Child Molesters and
Men who were Sexually Abused in Childhood and Claimed to be Nonoffenders" in Child Abuse &
Neglect 20(3) (1996) at 232 ("Perpetrators may lie about their actions or attempt to excuse their
behavior by pointing to their own victimization as children. . . Excuse-making may be more
prevalent in settings where such behavior may be useful, such as in the early stages of therapy
(before learning that excuse-making is not acceptable) or during the trial process (perhaps under
the guidance of enthusiastic defense lawyers)."). The defendant's disclosure to the presentence
report writer, and his motivations for doing so, should accordingly be viewed with skepticism.
Indeed, "when verified by polygraph ... the percentage of offenders who experienced sexual
victimization in their own lives drops significantly." Hindman, Jan et al., "Shedding Light on the



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 16 of 20



Histories of Sex Offenders Using Clinical Polygraphy" in The Sexual Predator (vol. IV) (2010) at
20-5. See also Hindman, Jan et al., "Polygraph Testing Leads to Better Understanding Adult and
Juvenile Sex Offenders" in Federal Probation 65(3) (2001) at 8.

Finally, as noted by Judge Posner in United States v. Garthus , "[t]he heavier sentence
...will reduce [the defendant's] lifetime criminal activity by incapacitating him for a longer time
than if he received a lighter sentence." Garthus , 652 F.3d 715, 718 (7th Cir. 2011). In Garthus ,
Judge Posner found that defendant's characteristics to be more dangerous in that "[a] pedophilic
sex offender who has committed both a child-pornography offense and a hands-on sex crime is
more likely to commit a future crime, including another hands-on offense, than a defendant who
has committed only a child-pornography offense." Id. at 720. The Seventh Circuit found that
the sentencing court was entitled to emphasize protection of the public ahead of other
considerations in sentencing the defendant. Id. at 721.

The Need to Avoid Unwarranted Disparities

As will be further set forth below, Circuit courts have upheld lengthy sentences for
producers of child pornography. A Guidelines sentence, as constrained, of course, by the
statutory maximums in this case, would be a reasonable sentence 7 and would be sufficient but not
greater than necessary to punish the defendant for his conduct, reflect the seriousness of the
defendant's offenses, promote respect for the law, deter future conduct, and provide the public with
protection from future crimes.

Recently, in United States v. Hallman , 2013 WL 6511516 (4th Cir. 2013), the Fourth

Circuit upheld as substantively reasonable an aggregate term of 1440 months' imprisonment, an

imposition of four consecutive thirty- year sentences (the statutory maximum for a violation of 18

7 "A rebuttable presumption of reasonableness applies to sentences imposed within the correctly calculated
Guidelines range." United States v. Schiffer , 304 Fed. Appx. 889, 890 (D.C. Cir. 2008) (citing United States v.
Gardellini . 545 F.3d 1089, 1092 (D.C. Cir. 2008)).



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U.S.C. � 225 1(a)) for each count of production. Even in a case where the district court sentenced
a defendant who had pled guilty to two counts of production at an upward variance of 333 months
above the top of the advisory Guidelines range, the Fourth Circuit upheld the sentence as
substantively reasonable. See United States v. Smallwood , 2013 WL 2278758 (4th Cir. 2013).

The Seventh Circuit has "upheld lengthy sentences for defendants involved in producing
child pornography, even where the victims were not molested in the process." United States v.
Klug, 670 F.3d 797, 800 (7th Cir. 2012). In United States v. Noel , 581 F.3d 490 (7th Cir. 2009),
the Seventh Circuit upheld an 80-year sentence where a defendant, while babysitting his
stepbrother's child, abused his position of trust and took nude photos of the child while he slept.
Similarly, in United States v. Schuster , 706 F.3d 800, 809 (7th Cir. 2013), the Seventh Circuit
upheld a sentence of 262 months' imprisonment (nearly 22 years) for a defendant who had
produced child pornography showing the lascivious exhibition of genitals using three different
victims, two of whom were related to him.

In cases where multiple counts of conviction are to be considered at sentencing, courts
have upheld as reasonable lengthy sentences that result from the application of U.S.S.G. � 5G1.2.
For example, recently in United States v. Hamilton , 2013 WL 6726953 (2d Cir. 2013), the Second
Circuit upheld as substantively reasonable a cumulative sentence of 1,800 months for five counts
of production of child pornography, one count of receipt of child pornography, and one count of
possession of child pornography. Citing U.S.S.G. � 5G1.2(d), the Hamilton court reasoned that
the "district court [] was within the Guideline recommendation in imposing consecutive sentences
to the extent necessary to guarantee a life sentence." Hamilton , 2013 WL at *2. Furthermore, the
Second Circuit found that the "1,800 month actually imposed sentence falls below the 2,160



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 18 of 20



month cap, reflecting Hamilton's statutory maximum." Id. And while the Hamilton court

understood "that consecutive sentences on two counts would be sufficient to guarantee an effective

life sentence, any potential error in imposing additional consecutive sentences is necessarily

harmless, since any sentence in excess of Hamilton's actual lifespan cannot add so much as a day

to his term of imprisonment."

Accordingly, the United States respectfully requests that, after considering the facts and

circumstances of this case, the relevant guidelines, and the factors set forth in 18 U.S.C. � 3553(a),

this Court sentence the defendant in accordance with the Guidelines. As set forth above, such a

sentence would be substantively reasonable, serve the goals of general and specific deterrence,

protect the public from future crimes by the defendant by achieving his incapacitation, and afford

justice to the child victims.

To Provide the Defendant with Needed Educational or Vocational Training, Medical Care,
or Other Corrective Treatment.

The following is a list of facilities that offer sex offender treatment by the Bureau of
Prisons:

• Illinois USP Marion (Medium)

• Florida FCI Marianna (Medium)

• Virginia FCI Petersburg (Medium)

• Arizona USP Tucson (High)

• Texas FCI Seagoville (Low)
Ohio FCI Elkton (Low)

• Colorado FCI Englewood (Low)

• Massachusets FMC Devens (Administrative)



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 19 of 20



Sentencing Exhibits and Testimony
The United States reserves the right to present testimony, other exhibits, and a
supplemental filing in response to any memoranda or exhibits that the defendant files or chooses to
introduce in furtherance of sentencing.

Dated: February 14, 2014 Respectfully submitted,

ANDREW G. OOSTERBAAN
Chief, Child Exploitation & Obscenity
Section

s/Sarah Chang

SARAH CHANG

Trial Attorney

New York Bar No. 4844700

U.S. Department of Justice, Criminal

Division

Child Exploitation and Obscenity Section
1400 New York Ave. NW
Washington D.C. 20530
202-353-4979
Sarah.Chang @ usdoj .gov

s/Mi Yung C. Park

MI YUNG C. PARK

Trial Attorney

California Bar No. 202379

U.S. Department of Justice, Criminal

Division

Child Exploitation and Obscenity Section

1400 New York Ave. NW

Washington D.C. 20530

202-616-2780

Miyung .Park @ usdoj . gov



Case l:12-cr-00281-ESH Document 34 Filed 02/14/14 Page 20 of 20



CERTIFICATE OF SERVICE

I hereby certify that I have caused a copy of this filing to be sent to counsel for defendant,
Jonathan Jeffress, via e-mail on February 14, 2014, to jonathan jeffress@fd.org.



/s



SARAH CHANG
TRIAL ATTORNEY



Filed & Entered: 02/26/2014



Q Notice (Other)



Full docket text for document 39:

NOTICE of Filing (Sentencing Letters) by HECTOR ORJUELA, JR (Attachments: # (1)
Exhibit)(Jeffress, Jonathan)



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 1 of 18



Miami, December 11, 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH



Dear Judge Huvelle:

I am Hector H. Orjuela Jr.'s father and the purpose of this letter is to express an
objective opinion of him before his case closes in January. We have five children in
the family: four boys and one girl, the oldest being Hector and therefore the person with
the most responsibility among the young people. My teaching position required work in
foreign countries, one of them Mexico where Hector had a bad experience in which he
was abused sexually by an older woman. He didn't tell anybody about the bad experience
but surely this abuse may have influenced his future life. Hector was not a good student;
however he has a gift for languages and after some years he became an excellent English
instructor and devoted his efforts to the teaching of that language at an international level:
Colombia, Guatemala, China, etc. In China he was surprised engaging in minor abuse with
young girls, the first time such thing happened, at least to our knowledge.

Fortunately the rehabilitation he received in prison has helped him a lot and he now
not only regrets his past activities but his decision is to never engage himself in antisocial
behavior and in improper acts. I think in this resolution he is very honest and I am sure he
will keep his word. He is, no doubt, the best son and family member and we miss him very
much. Please, your Honor, help him to fulfill his goal.



Respectfully yours,

Hector H. Orjuela



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 2 of 18



THE HONORABLE ELLEN S. HUVELLE
CHAMBERS OF JUDGE HUVELLE
WASHINGTON, D.C.



DEAR HONORABLE JUDGE



I AM HELENA THE MOTHER OF HECTOR JR. , HE IS MY OLDEST SON AND I AM
VERY DEAR AND CLOSE TO HIM BECAUSE HE HAS ALWAYS BEEN A SPECIAL
MEMBER IN THE FAMILY AND ALSO MY FIRST GRANDSON FOR MY PARENTS.

HECTOR JR. HAS BEEN A LOVED SON, FULL OF JOY, COMPASSION AND ALWAYS
WORRIED FOR HIS FAMILY AND PARENTS. A VERY GENEROUS PERSON AND
GREAT FAMILY MEMBER.

OUR FAMILY HAS BEEN KNOWN FOR BEEN VERY CLOSE AND VERY FAMILY
ORIENTED ESPECIALLY IN SPECIAL OCASSIONS OR END OF YEAR CELEBRATIONS.

WE HAD VISITED HECTOR IN GUATEMALA AND CHINA AND HE ALWAYS OUTDID
HIMSELF BY TAKING CARE OF US WITH HIS LOVE AND GENEROSITY TOWARDS
HIS PARENTS. HE VISITED MANY INTERESTING PLACES AND HE WAS DELIGHTED
TO BE WITH US.

WE MISS HIM VERY MUCH AND I JUST HOPE LIFE REWARDS HIM IN THE FUTURE
AND HOPEFULLY THIS SAD EPISODE IN HIS LIFE STAYS IN THE PAST AND HIS
FUTURE IS ONLY BRIGHT AND PROSPEROUS.

HE HAS ALSO BEEN A GREAT FRIEND AND A PERSON THAT HAS FOUGHT FOR
HIS SUCCESS AND HIS CAREER. I JUST HOPE HE CAN BE WITH US SOON.



SINCERELY,



HELENA ORJUELA



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 3 of 18



January 25, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Avenue, N.W.
Washington DC



Dear Judge Huvelle,



I am respectfully contacting you about my brother Hector Orjuela Jr., a defendant in one of your
upcoming court cases. My name is Luis Orjuela and I am the closest in age to my brother Hector.

Let me tell you a story about an incredible human being that was born on March 15, 1966 in
Torrance, California. He was the first child and first grandson in the family, a boy filled of joy and
happiness surrounded by a large Latin family. His early years were happy and innocent as any
kid of his age. Four years later his brother Luis was born and later on three more siblings
completed the Orjuela-Aguirre family.

As he grew up, life became challenging and the constant traveling back and forward from Bogota
where he lived, to California, where his father worked became a norm. As he reached his 12*"
birthday his father was relocated to Mexico City as Director of the University of California Abroad
Program. This was the first time the family was going to be together as a whole for two years in a
row and the father figure present at all times.

Considering the family was growing and the care for 4 children was arduous and complicated,
Hector's parents decided to bring along to Mexico their maid from Colombia to help them with the
care of their children. Unfortunately for Hector, this maid that he trusted and considered his
guardian, molested him, raped him and abused of him for about two years without his parents
knowledge.

Luckily for Hector, the maid got married in Mexico and she never returned to Colombia with the
family. However, this incident marked his life forever and destroyed his once innocent soul, mind
and heart. Research has shown that child sexual abuse can result in both short-term and long-
term harm and its main effects include depression, anxiety, eating disorders and poor self-
esteem. This was the new life Hector was facing with a dark future filled of uncertainties and
challenges.

As he became a teenager the problems worsened and the effects of his sexual abuse became
more noticeable. This period of his life was marked by numerous problems at school, loneliness
and isolation resulting in lack of friends and girlfriends. But he never gave up and fought hard to
get back in track with the help and love of his parents, grandparents and the entire family. This is
the time he realized his most important asset was his family becoming very attached to his
grandparents. He became their guardian, companion and best friend and was always on their
side until their final days.

Hector was now in his twenties and he felt the pressure of going to college and becoming a
professional. He shared the same passion and love for teaching of his grandma, his father and
his aunt, and decided to become an English teacher for children and adults. He studied to
become a teacher and his students really enjoyed his unique style of teaching and sense of
humor. He taught at high school level and later he joined an American academy of languages to
help adults.



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 4 of 18



In search of a better future and brighter opportunities he then decides to accept a job as an
international teacher in Guatemala and later he is transferred to China. Despite being far away
from family and loved ones, Hector always managed to keep in touch either by phone or email
and he never missed a week without sending his joke of the week to family and friends It was
Hector's priority to keep the family together and always made sure to never missed an important
family event whether it was an important birthday a baptism or their traditional family reunion
every end of the year. He would travel many hours and miles to see his loved ones and would
always spend his paycheck to bring presents to every member of the family even to the children
of the poor families working at their farm. His heart is as enormous as no one has ever seen and
his generosity unmatched.



In China Hector found his brightest moments as he was deeply in love and later married the love
of his life and was at top of his career. But he also found his darkest moments as his marriage
dissolved and his life transferred behind bars. Hector is now awaiting sentencing and prayinq for
a second opportunity in life.

This is the story of my beloved brother Hector Orjuela Jr. an individual that has made me the
person I am today and a person that has contributed to having a better family and a better future
for all his siblings, cousins and relatives. The last two occasions I saw my brother free was at my
wedding in Cancun, Mexico two years ago and t at my mother's 70 th Birthday celebration in
Colombia, one year and half ago. He has been always there for my family and me and this is why
he deserves all my respect and support. He has made serious mistakes and I understand he has
to pay for them but I also understand that he is not a criminal and he should not be sentenced as
one. In his 47 years, he has never been in a fight, never has been in jail and even never has
gotten a traffic ticket. He is the most peaceful and caring person I have ever met and I am
convinced he has never meant to harm anybody.

Your honor, please give Hector another chance to rebuild his life and give him another
opportunity to bring his future plans and goals to reality. Hector is a person that needs
rehabilitation and treatment time and not jail time. He has been a victim of society and a victim of
a vicious maid that took his innocence and life away. I am not excusing Hector for his actions and
I am not blaming the maid for what Hector did; but I am sure his life would have been easier and
better if someone would have given him a hand and the help he needed when he was a teenager.
We are not too late, please give him a second try in life and show him the judicial system in this
country is fair and reasonable. Do not let him rotten in jail, give him the help he needs and I
promise you he will became a better person. He needs another opportunity to show the world he
is a good man that deserves respect and he is no harm to society. He is a person that can come
out of that obscure hole he is at right now to shine and excel as and individual and an exemplary
member of society. Please give him this opportunity.

Thank you for letting me share with you the story of Hector Orjuela Jr., my brother, my blood and
my love. My prayers go to the victims in this case and only hope all the people and families
involved find peace and tranquility soon. Brother, we pray for you everyday and our newborn
Luca cannot wait to meet his beloved godfather. Come back home soon!




Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 5 of 18



January 7, 2014
Miami, Florida

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH

Your Honor:

This letter is in reference to my oldest brother Hector Orjuela Jr., as it relates to his case
followed in your court. My name is Andres Orjuela, one of Hector's four siblings, and in that light I would
respectfully like to share some personal thoughts about his character and him as an individual.

Hector is an important part of a family that has always strived to be united. He provides strong
emotional support to our entire family and has been a pivotal part of maintaining its cohesiveness. Not
only is he the oldest sibling, but also the oldest cousin of an entire generation of us that were influenced
and inspired by him. In their final years of life, Hector took care of our most beloved legacy, our
maternal grandparents, and this is one of many examples of his deep involvement in family matters.
Through the years, he has always shown to be caring, compassionate and altruistic.

As a brother he has been extremely supportive, attentive and overall, a great pal. He taught me
innumerable things as we grew up, the love of music, sports, and the importance of a smile and the
value of laughter - he's always had a good sense of humor. We traveled extensively in childhood and
adolescence and since then, both him and my siblings, have loved to see the world, its cultures, foods
and peoples. Because of those experiences, Hector and all of us, have become more knowledgeable,
tolerant and amazed of the beautiful world we live in.

Hector is genuinely a good person. I think he had a few but very unfortunate episodes in his life,
that led him through treacherous paths and as family we failed to recognize he needed help.
Nonetheless it is never too late to try to help and this letter is one of many steps that we take as we
strive to support him through the difficult road ahead. His family is fully devoted to this goal. I truly
believe that with the appropriate support and therapy he can live a more productive life, without fears
and doubts that have followed him for so long. I do hope he can go to Massachusetts for inpatient
rehabilitation and then to Florida where his 3 brothers reside. Our emotional support would be valuable
in our quest to help him.

In conclusion, I believe Hector has the capability of being a valuable member of society, has
every intention to better himself and is strongly committed to rehabilitation and therapy. He is a
wonderful human being, and as such he is capable of making mistakes. I hope he gets a chance in life to
fulfill his dreams. Just as he has always been there for us, we will continue to support and care for him
every step of the way.

Sincerely,

Andres Orjuela, MD



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The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, DC.



Dear Judge Huvelle:

I respectfully address these words to you to express my sentiments in relation to Hector
Orjuela Jr., whose case is followed in your court.

I am Patricia, Hector Jr.'s youngest aunt. Affectionately we call him "TONU" in our
family. When Tonu was born I was 1 1 years old and he has always been a special nephew to
me, a loving, caring and family-oriented type of person. I have unique memories that have
brought us closer together.

When my oldest daughter was studying, finishing high school, Hector Jr. was a dear
friend to her and to her girlfriends. They loved him as if he was a cousin to them; he
accompanied them to various reunions and made them laugh with his amusing remarks. We
have been good friends for a long time, and during his years in Colombia, we shared a common
passion that brought us closer, our love towards my mother and his grandmother Ana Helena.
His love for her was immense and Hector was Grandma's first "currunchito" (a term of
endearment). Hector Jr. was Grandma's first grandchild, and together with Grandpa "Tin", they
taught him, and the rest of us, the importance of a cohesive family above anything else; the
value of fraternity around a family that understands the meaning of forgiving errors and faults in
each of its members.

We have also had a close bond given our inclination and love towards education and its
practice. Not only have we exchanged ideas, but also teaching materials and moments in our
careers in education; a profession that we carry in our veins and that several members of the
family have devoted their lives to.

He then left Colombia to look for new horizons in his calling as teacher. In the distance,
his family ties became stronger, and he continuously prioritized family, his desire to live a happy
and fulfilling life. He manifested his joy in messages, in conversations or at times when he
visited with us. He is a family member who is generous, loving and with a great sense of humor.

Today, under custody, he is always in my mind; it hurts me deeply to see him live
through this situation that has taken him away from his path, but I know that God and the Virgin
will give him the strength to carry on and endure whatever the future holds for him.

Thank you for your attention.



Cordially,



Patricia Aguirre I.



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 11 of 18



The Honorable Ellen S . Huvelle
Chambers of judge Huvelle
Washington D.C



I am Luis Jorge, Hector Orjuela's maternal uncle.

My parents Ana Helena and Luis Martin were the main promoters of the family unity that
is keeping us closer in these tough moments. They instilled good manners and love in us,
and always made sure each of our families were brought up that way also.

Hector jr. is a human being with a great heart, and even though he lived far away we
knew we always had a helping hand in him when we needed it. In my case, specially, my
kids Jorge Enrique and Andrea remember him the way he is, always joyful with his
amusing jokes every time he visited Sogamoso, where we live.

Hector Jr. was the first of many grandchildren to my mom, Ana Helena, and as such, her
protege. He was next to her in her last moments of life and I am sure she will be blessing
him from heaven so he can carry on with his life in the best possible way.

Beatriz Franco from Sogamoso, sends him a warm embrace and the best of lucks for the
situation he is enduring.

Sincerely,



Luis Jorge Aguirre.



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 12 of 18



November 28, 2013



The Honorable Ellen S. Huvelle
Washington, D.C.



Your Honor:

I would like to give a profile of what our family is like; and how we received, with all the
love from my father and mother, the example of faith in God and above anything else, the value
of a united family.

Hector Jr. was the first grandchild, and I know my parents felt what I now feel for my first
grandchild. I always remember that Hector Jr. carried my wedding rings and he was there
representing his parents, who could not attend because my sister Helenita was pregnant in the
U.S. with her second child.

I am the second child in the family and have always loved my nephews/nieces as if they
were my own children.

All the principles and values that we received in our paternal home have been passed on
to our children, and we always try to do our best for them!

Hector Jr. has always been a special member in our family, a human being full of light,
with an unrivaled sense of humor, with loving devotion for his family, always being the first one
to congratulate us on our birthday, regardless of how far away he was from us. Hector Jr. is
enormously generous in every sense of the word.

pi

The meaning of family is very important to us and we always try to come together for
especial occasions; we always thank God for all the good things that we have had in our lives.
For this reason we now ask God to help and enlighten Hector Jr. who has been a good member
of our family, who needs his family and the family needs him to continue to grow under the
legacy of our parents.

My husband Anibal subscribes to my petition for Hector Jr. He does not write much
nowadays secondary to his tremors of age, but he always has had an excellent relationship with
Hector Jr., and thanks to my husband's values, we are able to be united in this difficult moment
that Hector Jr. is going through.

May God enlighten you Your Honor, as well as Hector Jr. and may God hold his hand.

I am aunt Maria Eugenia and I always carry Hector Jr. in my heart!



Thank you.



Maria Eugenia Aguirre Aguirre



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 13 of 18



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, D.C



I am Valentina, the oldest of the nieces to my uncle Tonu, that's his nickname in the
family. My mom is ximena, his sister.

Whenever he visits, he brings me lots of gifts, he takes me for ice cream and to the
movies frequently, and he is very generous and kind with me.

I miss and want to see him again soon.



Valentina Romero Orjuela.



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Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 15 of 18

November 26 th , 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Ave, NW
Washington, DC 20001



Honorable Judge,

The ongoing case against Hector Orjuela has not only afflicted his nuclear family, but his
extended family as well. We all feel the grief of having one of our beloved family
members go through such situation.

As Hector's cousin, we spent our childhood together and most of our cousins and I share
the passion for sports and music that Hector instilled in us. As the oldest of the cousins,
he always set an example of deep and unconditional love for the whole family.

Like I mentioned before, this situation has affected us deeply. We know we all have
character flaws as human beings, and we also know that life can offer us second chances
to reflect and turn our lives around for the better, for ourselves and for society.

We can only hope our letters move and show you that the outcome of your decision will
not only affect someone who constantly showed great qualities in or outside the family
circle, but it will have an impact on the whole family. A family that wants the best for
Hector's life.

We would love to have him around so we can enjoy family gatherings again, laugh with
his bright comments, or just to enjoy his company. We only want to have him back to
shower him with the love and support that he needs, to be able to go on with his life, and
introduce him to our son, who he has not met yet.

I really appreciate the time you have taken to read our letters, and we pray to God for his
guidance through the painful situation we are enduring, so we can all find forgiveness
and family unity.



Thank you,



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 16 of 18



The Honorable Ellen 2. Huvelle
Chambers of Judge Huvelle
Washington, D.C.

Honorable Judge,

I am writing this letter to tell you about Hector Orjuela, my brother-in-law. I had the fortune of meeting
his brother Luis, who is now my husband, and his family 5 years ago.

I consider myself fortunate because i have had the privilege of spending time with each and every single
one of the members of the Orjuela family and their extended family as well. All of them, including Hector
Jr. have been attentive, caring, hospitable and respectful to me at all times.

What strikes me the most about my husband's family is their integrity, strong moral values, and the deep
love and support for each other that bonds them.

I spent a couple of times with Hector when he visited us in California, and the various times when we
visited the family in Colombia for the holidays. His generous ways, warm heart, and our deep
conversations reassured me that the high standards of ethics and behavior that his family abides by,
are the ones I want my own family to be brought up with.

As a mother of a two month old, I can only pray for God to bring peace and forgiveness to the families
that have been affected by this hard situation. I realize bad Judgment brings along punishment and I also
know that Upon freedom, Hector will only look for peace within his soul and a way to turn his life around
for the better with the great support and guidance of his family.

As human beings we all have flaws, but I firmly believe in the power and the right to have second chances
in life. We would love to have Hector back in the family where his Joyful spirit and kind heart are very
much missed. We know he would make the best out of an opportunity to have his freedom back and a
new life to correct the wrongdoing because his family is his motto and we are all united in helping him
overcome this and become a good influence in society.

I greatly appreciate the time you have taken to read our letters where we plead for my son's uncle
freedom and forgiveness.

Sincerely,



Gatalina tibreros



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 17 of 18



November 26 th , 2013

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Ave, NW
Washington, DC 20001



Ref . To Hector Orjuela case
Honorable Judge,

I wanted to write this letter to tell you my opinion about Hector Orjuela. I have known
him for about seven years now (he is my husband's cousin), and I was very surprised and
saddened to know what he is going through. It is hard to believe that something like this
could be happening to a person with such moral values who is also kind, special, and
joyful.

I want you to know that I have spent a lot of time with him in different places, that I
know his family and I can assure you that he was brought up with strong values and
raised to respect himself and those around him.

I personally miss his sense of humor, his constant presents, his kind company, and his
jokes that would light up our hearts and. made every one of his visits unforgettable. He
won my heart and I got to consider him as one of my own family, looking forward to his
next trip so we could spend more time with him as a family.

I believe that this experience will leave many lessons in his life. If he was to have his
freedom back he would be a prophet of his own experience and would teach others not to
make mistakes like that in life. I am a firm believer in second chances and I am positive a
second chance would help Hector for the better.

I beg you to please give him back to us, I have an eight-month-old boy who does not
know him yet and I would love for them to meet. I would love to see Hector come back
to this family that seven years ago kindly took me in, and taught me the value of family
and love, and how not having one of its members close grieves our hearts and souls.

Last but not least I want to thank you for taking the time to read this letter, I am honored
to have the privilege to write to you.

Thanks a lot,




Ineda



Case l:12-cr-00281-ESH Document 39-1 Filed 02/26/14 Page 18 of 18



Ervie Pena, Ph.D

Professor Emeritus of Spanish, California State University, Fullereton, Ca.



January 28, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue, N. W.
Washington, D.C.

Dear Judge Huvelle:

I respectfully submit this personal character reference in support for leniency for Mr. Hector H. Orjuela, Jr. whom I have
known for over fifty years.

This personal request on his behalf is based on my prolonged friendship with his parents, Dr. and Mrs. Hector H. Orjuela,
that began in 1960, and that has lasted throughout the entire life span of Hector, Jr., the oldest of their five siblings. During
these years, I have been accepted as a respected member of the family and, in that capacity, I have fulfilled the role as either
brother, godfather, and/or mentor to all five children on special occasions, and will continue to do so as the need arises.

On this special occasion, I am prepared to testify under oath, by written statement, by deposition, either tape recorded, video
taped, and/or in person at any US Federal Government Agency, that the following observations are based on my own personal
experiences:

I honestly, objectively, and without bias, believe that Hector, Jr. is by nature a non-violent person. To the best of my
knowledge, he has never engaged in kind of violent act, or displayed any kind of anti-social behavior with the intent to hurt
people during the fifty years that I have known him. In brief, I know of no wrong committed by him that would discredit the
strong Christian, ethical and moral upbringing that he has received from his parents.

On the contrary, Hector, Jr. by nature is a friendly, sincere and polite individual who has always tried to be of beneficial
presence to his family, friends, and to people from all walks of life. One very positive aspect of his personality that people
generally find attractive, is his fine sense of humor and sharp wit which might be perceived as being overbearing at times, but
never as a means to intentionally injure or denigrate anyone. Hector, Jr. has always been a social asset rather than an anti-
social liability to people no matter where he has lived.

I feel that I know my dear friend well enough to assure Your Honor that he is a very compassionate person guided by strong
moral and ethical principles to the extent that he will accept as his responsibility to resolve through the guidelines set forth by
your sentence some very important issues in his life. I, like his family and close friends who love and respect him, will always
be available for support and guidance when it is needed.

Respectfully,



Dr. Ervie Pena



Case l:12-cr-00281-ESH Document 39 Filed 02/26/14 Page 1 of 1



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 12-CR-281 (ESH)



DEFENDANT HECTOR ORJUELA' S NOTICE OF FILING (SENTENCING LETTERS)

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully
submits this Notice of Filing, attaching sentencing letters written to Your Honor on behalf of Mr.
Orjuela. The letters are from Mr. Orjuela's family and friends, in anticipation of Mr. Orjuela's
sentencing on March 6, 2014. The defense is currently finalizing Mr. Orjuela's Memorandum in
Aid of Sentencing and will be submitting that, along with other related materials, shortly.



Respectfully submitted,



/s/



Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 1 of 18



Miami, December 11, 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH



Dear Judge Huvelle:

I am Hector H. Orjuela Jr.'s father and the purpose of this letter is to express an
objective opinion of him before his case closes in January. We have five children in
the family: four boys and one girl, the oldest being Hector and therefore the person with
the most responsibility among the young people. My teaching position required work in
foreign countries, one of them Mexico where Hector had a bad experience in which he
was abused sexually by an older woman. He didn't tell anybody about the bad experience
but surely this abuse may have influenced his future life. Hector was not a good student;
however he has a gift for languages and after some years he became an excellent English
instructor and devoted his efforts to the teaching of that language at an international level:
Colombia, Guatemala, China, etc. In China he was surprised engaging in minor abuse with
young girls, the first time such thing happened, at least to our knowledge.

Fortunately the rehabilitation he received in prison has helped him a lot and he now
not only regrets his past activities but his decision is to never engage himself in antisocial
behavior and in improper acts. I think in this resolution he is very honest and I am sure he
will keep his word. He is, no doubt, the best son and family member and we miss him very
much. Please, your Honor, help him to fulfill his goal.



Respectfully yours,

Hector H. Orjuela



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 2 of 18



THE HONORABLE ELLEN S. HUVELLE
CHAMBERS OF JUDGE HUVELLE
WASHINGTON, D.C.



DEAR HONORABLE JUDGE



I AM HELENA THE MOTHER OF HECTOR JR. , HE IS MY OLDEST SON AND I AM
VERY DEAR AND CLOSE TO HIM BECAUSE HE HAS ALWAYS BEEN A SPECIAL
MEMBER IN THE FAMILY AND ALSO MY FIRST GRANDSON FOR MY PARENTS.

HECTOR JR. HAS BEEN A LOVED SON, FULL OF JOY, COMPASSION AND ALWAYS
WORRIED FOR HIS FAMILY AND PARENTS. A VERY GENEROUS PERSON AND
GREAT FAMILY MEMBER.

OUR FAMILY HAS BEEN KNOWN FOR BEEN VERY CLOSE AND VERY FAMILY
ORIENTED ESPECIALLY IN SPECIAL OCASSIONS OR END OF YEAR CELEBRATIONS.

WE HAD VISITED HECTOR IN GUATEMALA AND CHINA AND HE ALWAYS OUTDID
HIMSELF BY TAKING CARE OF US WITH HIS LOVE AND GENEROSITY TOWARDS
HIS PARENTS. HE VISITED MANY INTERESTING PLACES AND HE WAS DELIGHTED
TO BE WITH US.

WE MISS HIM VERY MUCH AND I JUST HOPE LIFE REWARDS HIM IN THE FUTURE
AND HOPEFULLY THIS SAD EPISODE IN HIS LIFE STAYS IN THE PAST AND HIS
FUTURE IS ONLY BRIGHT AND PROSPEROUS.

HE HAS ALSO BEEN A GREAT FRIEND AND A PERSON THAT HAS FOUGHT FOR
HIS SUCCESS AND HIS CAREER. I JUST HOPE HE CAN BE WITH US SOON.



SINCERELY,



HELENA ORJUELA



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 3 of 18



January 25, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Avenue, N.W.
Washington DC



Dear Judge Huvelle,



I am respectfully contacting you about my brother Hector Orjuela Jr., a defendant in one of your
upcoming court cases. My name is Luis Orjuela and I am the closest in age to my brother Hector.

Let me tell you a story about an incredible human being that was born on March 15, 1966 in
Torrance, California. He was the first child and first grandson in the family, a boy filled of joy and
happiness surrounded by a large Latin family. His early years were happy and innocent as any
kid of his age. Four years later his brother Luis was born and later on three more siblings
completed the Orjuela-Aguirre family.

As he grew up, life became challenging and the constant traveling back and forward from Bogota
where he lived, to California, where his father worked became a norm. As he reached his 12*"
birthday his father was relocated to Mexico City as Director of the University of California Abroad
Program. This was the first time the family was going to be together as a whole for two years in a
row and the father figure present at all times.

Considering the family was growing and the care for 4 children was arduous and complicated,
Hector's parents decided to bring along to Mexico their maid from Colombia to help them with the
care of their children. Unfortunately for Hector, this maid that he trusted and considered his
guardian, molested him, raped him and abused of him for about two years without his parents
knowledge.

Luckily for Hector, the maid got married in Mexico and she never returned to Colombia with the
family. However, this incident marked his life forever and destroyed his once innocent soul, mind
and heart. Research has shown that child sexual abuse can result in both short-term and long-
term harm and its main effects include depression, anxiety, eating disorders and poor self-
esteem. This was the new life Hector was facing with a dark future filled of uncertainties and
challenges.

As he became a teenager the problems worsened and the effects of his sexual abuse became
more noticeable. This period of his life was marked by numerous problems at school, loneliness
and isolation resulting in lack of friends and girlfriends. But he never gave up and fought hard to
get back in track with the help and love of his parents, grandparents and the entire family. This is
the time he realized his most important asset was his family becoming very attached to his
grandparents. He became their guardian, companion and best friend and was always on their
side until their final days.

Hector was now in his twenties and he felt the pressure of going to college and becoming a
professional. He shared the same passion and love for teaching of his grandma, his father and
his aunt, and decided to become an English teacher for children and adults. He studied to
become a teacher and his students really enjoyed his unique style of teaching and sense of
humor. He taught at high school level and later he joined an American academy of languages to
help adults.



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 4 of 18



In search of a better future and brighter opportunities he then decides to accept a job as an
international teacher in Guatemala and later he is transferred to China. Despite being far away
from family and loved ones, Hector always managed to keep in touch either by phone or email
and he never missed a week without sending his joke of the week to family and friends It was
Hector's priority to keep the family together and always made sure to never missed an important
family event whether it was an important birthday a baptism or their traditional family reunion
every end of the year. He would travel many hours and miles to see his loved ones and would
always spend his paycheck to bring presents to every member of the family even to the children
of the poor families working at their farm. His heart is as enormous as no one has ever seen and
his generosity unmatched.



In China Hector found his brightest moments as he was deeply in love and later married the love
of his life and was at top of his career. But he also found his darkest moments as his marriage
dissolved and his life transferred behind bars. Hector is now awaiting sentencing and prayinq for
a second opportunity in life.

This is the story of my beloved brother Hector Orjuela Jr. an individual that has made me the
person I am today and a person that has contributed to having a better family and a better future
for all his siblings, cousins and relatives. The last two occasions I saw my brother free was at my
wedding in Cancun, Mexico two years ago and t at my mother's 70 th Birthday celebration in
Colombia, one year and half ago. He has been always there for my family and me and this is why
he deserves all my respect and support. He has made serious mistakes and I understand he has
to pay for them but I also understand that he is not a criminal and he should not be sentenced as
one. In his 47 years, he has never been in a fight, never has been in jail and even never has
gotten a traffic ticket. He is the most peaceful and caring person I have ever met and I am
convinced he has never meant to harm anybody.

Your honor, please give Hector another chance to rebuild his life and give him another
opportunity to bring his future plans and goals to reality. Hector is a person that needs
rehabilitation and treatment time and not jail time. He has been a victim of society and a victim of
a vicious maid that took his innocence and life away. I am not excusing Hector for his actions and
I am not blaming the maid for what Hector did; but I am sure his life would have been easier and
better if someone would have given him a hand and the help he needed when he was a teenager.
We are not too late, please give him a second try in life and show him the judicial system in this
country is fair and reasonable. Do not let him rotten in jail, give him the help he needs and I
promise you he will became a better person. He needs another opportunity to show the world he
is a good man that deserves respect and he is no harm to society. He is a person that can come
out of that obscure hole he is at right now to shine and excel as and individual and an exemplary
member of society. Please give him this opportunity.

Thank you for letting me share with you the story of Hector Orjuela Jr., my brother, my blood and
my love. My prayers go to the victims in this case and only hope all the people and families
involved find peace and tranquility soon. Brother, we pray for you everyday and our newborn
Luca cannot wait to meet his beloved godfather. Come back home soon!




Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 5 of 18



January 7, 2014
Miami, Florida

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH

Your Honor:

This letter is in reference to my oldest brother Hector Orjuela Jr., as it relates to his case
followed in your court. My name is Andres Orjuela, one of Hector's four siblings, and in that light I would
respectfully like to share some personal thoughts about his character and him as an individual.

Hector is an important part of a family that has always strived to be united. He provides strong
emotional support to our entire family and has been a pivotal part of maintaining its cohesiveness. Not
only is he the oldest sibling, but also the oldest cousin of an entire generation of us that were influenced
and inspired by him. In their final years of life, Hector took care of our most beloved legacy, our
maternal grandparents, and this is one of many examples of his deep involvement in family matters.
Through the years, he has always shown to be caring, compassionate and altruistic.

As a brother he has been extremely supportive, attentive and overall, a great pal. He taught me
innumerable things as we grew up, the love of music, sports, and the importance of a smile and the
value of laughter - he's always had a good sense of humor. We traveled extensively in childhood and
adolescence and since then, both him and my siblings, have loved to see the world, its cultures, foods
and peoples. Because of those experiences, Hector and all of us, have become more knowledgeable,
tolerant and amazed of the beautiful world we live in.

Hector is genuinely a good person. I think he had a few but very unfortunate episodes in his life,
that led him through treacherous paths and as family we failed to recognize he needed help.
Nonetheless it is never too late to try to help and this letter is one of many steps that we take as we
strive to support him through the difficult road ahead. His family is fully devoted to this goal. I truly
believe that with the appropriate support and therapy he can live a more productive life, without fears
and doubts that have followed him for so long. I do hope he can go to Massachusetts for inpatient
rehabilitation and then to Florida where his 3 brothers reside. Our emotional support would be valuable
in our quest to help him.

In conclusion, I believe Hector has the capability of being a valuable member of society, has
every intention to better himself and is strongly committed to rehabilitation and therapy. He is a
wonderful human being, and as such he is capable of making mistakes. I hope he gets a chance in life to
fulfill his dreams. Just as he has always been there for us, we will continue to support and care for him
every step of the way.

Sincerely,

Andres Orjuela, MD



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The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, DC.



Dear Judge Huvelle:

I respectfully address these words to you to express my sentiments in relation to Hector
Orjuela Jr., whose case is followed in your court.

I am Patricia, Hector Jr.'s youngest aunt. Affectionately we call him "TONU" in our
family. When Tonu was born I was 1 1 years old and he has always been a special nephew to
me, a loving, caring and family-oriented type of person. I have unique memories that have
brought us closer together.

When my oldest daughter was studying, finishing high school, Hector Jr. was a dear
friend to her and to her girlfriends. They loved him as if he was a cousin to them; he
accompanied them to various reunions and made them laugh with his amusing remarks. We
have been good friends for a long time, and during his years in Colombia, we shared a common
passion that brought us closer, our love towards my mother and his grandmother Ana Helena.
His love for her was immense and Hector was Grandma's first "currunchito" (a term of
endearment). Hector Jr. was Grandma's first grandchild, and together with Grandpa "Tin", they
taught him, and the rest of us, the importance of a cohesive family above anything else; the
value of fraternity around a family that understands the meaning of forgiving errors and faults in
each of its members.

We have also had a close bond given our inclination and love towards education and its
practice. Not only have we exchanged ideas, but also teaching materials and moments in our
careers in education; a profession that we carry in our veins and that several members of the
family have devoted their lives to.

He then left Colombia to look for new horizons in his calling as teacher. In the distance,
his family ties became stronger, and he continuously prioritized family, his desire to live a happy
and fulfilling life. He manifested his joy in messages, in conversations or at times when he
visited with us. He is a family member who is generous, loving and with a great sense of humor.

Today, under custody, he is always in my mind; it hurts me deeply to see him live
through this situation that has taken him away from his path, but I know that God and the Virgin
will give him the strength to carry on and endure whatever the future holds for him.

Thank you for your attention.



Cordially,



Patricia Aguirre I.



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 11 of 18



The Honorable Ellen S . Huvelle
Chambers of judge Huvelle
Washington D.C



I am Luis Jorge, Hector Orjuela's maternal uncle.

My parents Ana Helena and Luis Martin were the main promoters of the family unity that
is keeping us closer in these tough moments. They instilled good manners and love in us,
and always made sure each of our families were brought up that way also.

Hector jr. is a human being with a great heart, and even though he lived far away we
knew we always had a helping hand in him when we needed it. In my case, specially, my
kids Jorge Enrique and Andrea remember him the way he is, always joyful with his
amusing jokes every time he visited Sogamoso, where we live.

Hector Jr. was the first of many grandchildren to my mom, Ana Helena, and as such, her
protege. He was next to her in her last moments of life and I am sure she will be blessing
him from heaven so he can carry on with his life in the best possible way.

Beatriz Franco from Sogamoso, sends him a warm embrace and the best of lucks for the
situation he is enduring.

Sincerely,



Luis Jorge Aguirre.



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 12 of 18



November 28, 2013



The Honorable Ellen S. Huvelle
Washington, D.C.



Your Honor:

I would like to give a profile of what our family is like; and how we received, with all the
love from my father and mother, the example of faith in God and above anything else, the value
of a united family.

Hector Jr. was the first grandchild, and I know my parents felt what I now feel for my first
grandchild. I always remember that Hector Jr. carried my wedding rings and he was there
representing his parents, who could not attend because my sister Helenita was pregnant in the
U.S. with her second child.

I am the second child in the family and have always loved my nephews/nieces as if they
were my own children.

All the principles and values that we received in our paternal home have been passed on
to our children, and we always try to do our best for them!

Hector Jr. has always been a special member in our family, a human being full of light,
with an unrivaled sense of humor, with loving devotion for his family, always being the first one
to congratulate us on our birthday, regardless of how far away he was from us. Hector Jr. is
enormously generous in every sense of the word.

pi

The meaning of family is very important to us and we always try to come together for
especial occasions; we always thank God for all the good things that we have had in our lives.
For this reason we now ask God to help and enlighten Hector Jr. who has been a good member
of our family, who needs his family and the family needs him to continue to grow under the
legacy of our parents.

My husband Anibal subscribes to my petition for Hector Jr. He does not write much
nowadays secondary to his tremors of age, but he always has had an excellent relationship with
Hector Jr., and thanks to my husband's values, we are able to be united in this difficult moment
that Hector Jr. is going through.

May God enlighten you Your Honor, as well as Hector Jr. and may God hold his hand.

I am aunt Maria Eugenia and I always carry Hector Jr. in my heart!



Thank you.



Maria Eugenia Aguirre Aguirre



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 13 of 18



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, D.C



I am Valentina, the oldest of the nieces to my uncle Tonu, that's his nickname in the
family. My mom is ximena, his sister.

Whenever he visits, he brings me lots of gifts, he takes me for ice cream and to the
movies frequently, and he is very generous and kind with me.

I miss and want to see him again soon.



Valentina Romero Orjuela.



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Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 15 of 18

November 26 th , 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Ave, NW
Washington, DC 20001



Honorable Judge,

The ongoing case against Hector Orjuela has not only afflicted his nuclear family, but his
extended family as well. We all feel the grief of having one of our beloved family
members go through such situation.

As Hector's cousin, we spent our childhood together and most of our cousins and I share
the passion for sports and music that Hector instilled in us. As the oldest of the cousins,
he always set an example of deep and unconditional love for the whole family.

Like I mentioned before, this situation has affected us deeply. We know we all have
character flaws as human beings, and we also know that life can offer us second chances
to reflect and turn our lives around for the better, for ourselves and for society.

We can only hope our letters move and show you that the outcome of your decision will
not only affect someone who constantly showed great qualities in or outside the family
circle, but it will have an impact on the whole family. A family that wants the best for
Hector's life.

We would love to have him around so we can enjoy family gatherings again, laugh with
his bright comments, or just to enjoy his company. We only want to have him back to
shower him with the love and support that he needs, to be able to go on with his life, and
introduce him to our son, who he has not met yet.

I really appreciate the time you have taken to read our letters, and we pray to God for his
guidance through the painful situation we are enduring, so we can all find forgiveness
and family unity.



Thank you,



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 16 of 18

The Honorable Ellen 2. Huvelle
Chambers of Judge Huvelle
Washington, D.C.

Honorable Judge,

I am writing this letter to tell you about Hector Orjuela, my brother-in-law. I had the fortune of meeting
his brother Luis, who is now my husband, and his family 5 years ago.

I consider myself fortunate because i have had the privilege of spending time with each and every single
one of the members of the Orjuela family and their extended family as well. All of them, including Hector
Jr. have been attentive, caring, hospitable and respectful to me at all times.

What strikes me the most about my husband's family is their integrity, strong moral values, and the deep
love and support for each other that bonds them.

I spent a couple of times with Hector when he visited us in California, and the various times when we
visited the family in Colombia for the holidays. His generous ways, warm heart, and our deep
conversations reassured me that the high standards of ethics and behavior that his family abides by,
are the ones I want my own family to be brought up with.

As a mother of a two month old, I can only pray for God to bring peace and forgiveness to the families
that have been affected by this hard situation. I realize bad Judgment brings along punishment and I also
know that Upon freedom, Hector will only look for peace within his soul and a way to turn his life around
for the better with the great support and guidance of his family.

As human beings we all have flaws, but I firmly believe in the power and the right to have second chances
in life. We would love to have Hector back in the family where his Joyful spirit and kind heart are very
much missed. We know he would make the best out of an opportunity to have his freedom back and a
new life to correct the wrongdoing because his family is his motto and we are all united in helping him
overcome this and become a good influence in society.

I greatly appreciate the time you have taken to read our letters where we plead for my son's uncle
freedom and forgiveness.

Sincerely,



Gatalina tibreros



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 17 of 18



November 26 th , 2013

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Ave, NW
Washington, DC 20001



Ref . To Hector Orjuela case
Honorable Judge,

I wanted to write this letter to tell you my opinion about Hector Orjuela. I have known
him for about seven years now (he is my husband's cousin), and I was very surprised and
saddened to know what he is going through. It is hard to believe that something like this
could be happening to a person with such moral values who is also kind, special, and
joyful.

I want you to know that I have spent a lot of time with him in different places, that I
know his family and I can assure you that he was brought up with strong values and
raised to respect himself and those around him.

I personally miss his sense of humor, his constant presents, his kind company, and his
jokes that would light up our hearts and. made every one of his visits unforgettable. He
won my heart and I got to consider him as one of my own family, looking forward to his
next trip so we could spend more time with him as a family.

I believe that this experience will leave many lessons in his life. If he was to have his
freedom back he would be a prophet of his own experience and would teach others not to
make mistakes like that in life. I am a firm believer in second chances and I am positive a
second chance would help Hector for the better.

I beg you to please give him back to us, I have an eight-month-old boy who does not
know him yet and I would love for them to meet. I would love to see Hector come back
to this family that seven years ago kindly took me in, and taught me the value of family
and love, and how not having one of its members close grieves our hearts and souls.

Last but not least I want to thank you for taking the time to read this letter, I am honored
to have the privilege to write to you.

Thanks a lot,




Ineda



Case l:12-cr-00281-ESH Document 40-2 Filed 03/02/14 Page 18 of 18



Ervie Pena, Ph.D

Professor Emeritus of Spanish, California State University, Fullereton, Ca.



January 28, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue, N. W.
Washington, D.C.

Dear Judge Huvelle:

I respectfully submit this personal character reference in support for leniency for Mr. Hector H. Orjuela, Jr. whom I have
known for over fifty years.

This personal request on his behalf is based on my prolonged friendship with his parents, Dr. and Mrs. Hector H. Orjuela,
that began in 1960, and that has lasted throughout the entire life span of Hector, Jr., the oldest of their five siblings. During
these years, I have been accepted as a respected member of the family and, in that capacity, I have fulfilled the role as either
brother, godfather, and/or mentor to all five children on special occasions, and will continue to do so as the need arises.

On this special occasion, I am prepared to testify under oath, by written statement, by deposition, either tape recorded, video
taped, and/or in person at any US Federal Government Agency, that the following observations are based on my own personal
experiences:

I honestly, objectively, and without bias, believe that Hector, Jr. is by nature a non-violent person. To the best of my
knowledge, he has never engaged in kind of violent act, or displayed any kind of anti-social behavior with the intent to hurt
people during the fifty years that I have known him. In brief, I know of no wrong committed by him that would discredit the
strong Christian, ethical and moral upbringing that he has received from his parents.

On the contrary, Hector, Jr. by nature is a friendly, sincere and polite individual who has always tried to be of beneficial
presence to his family, friends, and to people from all walks of life. One very positive aspect of his personality that people
generally find attractive, is his fine sense of humor and sharp wit which might be perceived as being overbearing at times, but
never as a means to intentionally injure or denigrate anyone. Hector, Jr. has always been a social asset rather than an anti-
social liability to people no matter where he has lived.

I feel that I know my dear friend well enough to assure Your Honor that he is a very compassionate person guided by strong
moral and ethical principles to the extent that he will accept as his responsibility to resolve through the guidelines set forth by
your sentence some very important issues in his life. I, like his family and close friends who love and respect him, will always
be available for support and guidance when it is needed.

Respectfully,



Dr. Ervie Pena



Case l:12-cr-00281-ESH Document 40-3 Filed 03/02/14 Page 1 of 10




To: Honorable Judge Ellen S. Huvelle

From: Mr. Mark MacAllaster

G.E.D. Inmate Program Coordinator

Date: May 17, 2013

Re: Mr. Hector Orjuela (DCDC 337-102)



Judge Huvelle,

I am Avriting to express my support for Hector Orjuela, an inmate and tutor on the GED block at DC
Central Detention Facility (CDF). From his arrival to the education block in March 2013, Mr.
Orjuela has been a key individual in not only overseeing a class of between 8-12 students but also
making sure that day to day operations of the program run smoothly. Most notably, of Mr. Orjuela' s
many achievements, he has been integral to the success of 6 of the 8 GED graduates students who
passed the most recent GED exam.

Mr. Orjuela has also been very valuable in a few of our other GED initiatives. Fie has contributed
greatly by creating daily lesson plans and saving them to our repository. Among his other
responsibilities, he teaches Alpha Level Reading & Writing class and administers weekly tests.
Being an effective tutor not only requires a good understanding of the material, but also requires the
ability to explain the topic for those of varying levels to comprehend. Mr. Orjuela has done an
excellent job of breaking down the material so that it is easy to understand. lie is also very patient
with his students when it takes them a while to pick up a topic.

Overall, Mr. Orjuela' s effort and contributions have been exemplary.

Thank you for considering this information in determining his sentence.



Sincerely,




Mark MacAllaster





Case l:12-cr-00281-ESH Document 40-3 Filed 03/02/14 Page 2 of 10




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Case l:12-cr-00281-ESH Document 40-3 Filed 03/02/14 Page 3 of 10

Monday, August 05, 2013



Honorable Judge Huvelle,

I am writing to express my support for Mr. Hector Orjuela, a fellow inmate and tutor on
the GED Block at DC Jail. For the past five months I have been participating as a tutor and
have encountered many personalities among tutors and students. From my experience in jail, I
feel his character and personality stood out to me because the qualities he possesses are rare.

I have a degree in engineering and I have tutored math at the college level, so I know
how difficult it can be to teach students to learn new material. Mr. Orjuela currently teaches an
English GED course in reading and writing. As a tutor, he manages many roles including but
not limited to assigning homework, administering tests, developing lesson plans, grading
assignments, and tracking students' progress. He has a unique skill of being able to break
down material so that students can understand it. He helps struggling students during his free
recreation time if they approach him. He also has the patience required to teach these young
men. His skills are rare, even among tutors, and have proven to be very valuable to our
program.

Mr. Orjuela also shows positive character traits by using his personal recreation time to
help others learn Spanish. He manages and teaches an informal "Spanish as a Second
Language" class. I, along with three other tutors, participate in his Spanish class daily. He
makes certain that each student understands the grammar, vocabulary, and pronunciation of
the language. He also helps me with my self-study activities. I can honestly say that due to his
efforts I can read, write and speak basic Spanish.

I believe it shows how special and caring of a man Mr. Orjuela is to make sure others
around him are learning and tackling new goals. He has given me the motivation to learn
Spanish. I have made it a personal goal to become fluent on the language by the completion of
my incarceration. I know every time I say "<LC6mo estas?" or other phrases in the future, I will
be reminded of him and how he motivated me to learn and become a stronger individual.

Everybody makes mistakes, but I believe that how you learn and grow from them is the
key. I believe Mr. Orjuela is an otherwise honest and decent person. Living in a jail setting one
quickly learns how to recognize good and negative traits. I have experienced nothing but
positive traits from him. I encourage you to carefully consider the sentencing and punishments
for him and thank you for allowing me to describe some of his important roles he has played in
the lives of his students and in my live.



Sincerely,




Jeffrey Klenk
DCDC#: 336-280



Case l:12-cr-00281-ESH Document 40-3 Filed 03/02/14 Page 4 of 10



August 6, 2013



Honorable Judge Huvelle,

. Thank you for taking the time to understand and rationally decide a proper punishment for a well-
respected, patient, understanding, and remorseful inmate and friend, Mr. Hector Orjuela. When I arrived
to the block at the beginning of April 2013, Mr. Orjuela was very welcoming and quick to assist me in
becoming acquainted with the GED block here at the District of Columbia Central Detention Facility. Since
that time, Mr. Orjuela has shown leadership, friendship, and humble sportsmanship throughout our stay.

Mr. Orjuela and myself were first placed together to teach the highest level of English to the
students that would soon sit to take the National GED test in order to show high school completion.
During this time, he planned most of our lessons, and used his personal time to make worksheets for our
class, and to look up information for our next class. This surprised me and showed me the true dedication
of this man to, not only himself, but to the betterment of others. Although that surprised me, nothing could
prepare me for what I learned quickly afterward; not only was Mr. Orjuela using his personal time to help
our class, and me, but he was also researching, planning, and teaching two of his own classes which he
developed and did during his recreational time. He started and taught several students in a SSL (Spanish
as a Second Language) class, and built onto an already existing ESL (English as a Second Language)
class. His dedication and involvement with helping others went well beyond the normal level of any other
tutor on this block, and quickly stood out to me as astonishing. Even though I had previously taken four
years of Spanish in school, and was relatively fluent, I found Mr. Orjuela's class inspiring, helpful, and
reasonably paced. He truly has a knack for teaching and helping others.

With all of the "extra" classes he was planning for I would not have expected him to have the time
and ability to spend time on a personal level during our recreational time; however, again I was proven
incorrect. Mr. Orjuela made time to get to know everyone on a personal level and partake in games,
movies, and TV with the rest of the inmate population. During game play, he made sure to include
everyone, even at times helping translate for inmates to encourage Spanish and English student
relations. Our games became not only enjoyable competitions, but also a learning experience.

Throughout our combined time teaching, Mr. Orjuela and I were successful in controlling, leading,
and keeping an eight- to ten-person class engaged, which, as you can imagine, can sometimes be
complicated in a situation such as this. By being able to stay on a personal level with the students and
myself, he was able to gain the confidence needed for students to respect and understand him.

Obviously, punishment and sentences are a very difficult and time-consuming ordeal, but I hope
you are able to take into strong consideration his dedication to the GED block and more importantly his
role in encouraging other inmates to better themselves with education. The selfless act of instilling in
other inmates the importance of education will no doubt be a lifelong betterment for every inmate that Mr.
Orjuela has helped. Mr. Orjuela has shown growth, potential, and remorsefulness, all of which takes
courage, a true heart, and a remarkable man.

Thank you for your time and attention, and I hope I was able to shed some light on the positive
impact a true and honest man has made on the District of Columbia jail and future society as a whole.



Sincerely,




Case l:12-cr-00281-ESH Document 40-3 Filed 03/02/14 Page 5 of 10



Aug. 5, 2013



Dear Judge Huvelle:

Please allow me to share my observations about a fellow inmate at the D.C. Jail,
Hector Orjuela.

When I arrived as a new tutor on the GED block, Mr. Orjuela was one of the first to
extend his hand, introduce himself, and offer his assistance as I acclimated myself
to my new surroundings and duties. I found him to be very warm-hearted and
welcoming, and would come to learn that this was not an isolated instance.

Here on the GED block, Mr. Orjuela not only teaches the classes to which he's
assigned, but also leads an English-as-a-Second-Language class for the Spanish-
speaking inmates, and tutors one of the American inmates in Spanish, both on his
own time,

When not in GED classes, much of our rec time is spent playing games, and Mr.
Orjuela is always a welcome presence, bringing not only good sportsmanship, but
his pleasant nature to the table. While playing, he often acts as interpreter for one
of the players and, in doing so, furthers that player's ESL studies and teaches the
rest of us some Spanish, as well.

I can honestly say that I've never heard him have a negative comment about
anyone. Being in jail isn't a pleasure for anyone, but Mr. Orjuela's ability to make
the most of an unfortunate situation is an inspiration to me, as are his efforts to
help his fellow inmates better themselves. I believe these traits are indicative of his
overall character.

Thank you very much for your time and consideration in reading this letter, and I
hope it assists you in the difficult task of deciding Mr. Orjuela's sentence. If I can be
of any further assistance, please do not hesitate to contact me.

Very truly yours,




William G. VanSant



DCDC# 337477





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8/5/13



Honorable Judge Ellen S. Huvelle,

Mr. Hector Orjuela currently teaches Gamma in English reading and writing. As a tutor,
he manages many roles including but not limited to assigning homework, administering tests,
developing lesson plans, grading assignments, and tracking students' progress. He has the
patience required to teach these young men. He also has a unique skill of being able to break
down material so that students can understand it. Due to his learning abroad he has developed
distinctive ways of teaching. This skill greatly contributes to students learning because it gives
them an additional way of solving problems and some students prefer his method of problem
solving. His teaching skills are rare, even among tutors, and have proven to be very valuable to
our program.

Mr. Hector Orjuela and I also hold private tutor "Sit down" sessions during recreation
time for Spanish lessons that I am interested in learning additional material. He create custom
Spanish phases and distribute them to the students who willing to learn. I believe it shows his
true character because he is willing to help struggling students during his free recreation time.
It is rare to see inmates use his recreation time to better themselves and help others.

I believe Mr. Hector Orjuela is an honest person and I have seen him personally grow
from this experience. Many individuals see this as only a negative experience, but I find that he
finds opportunities for personal growth and inspires his fellow inmates to do the same. He has
personality opened my eyes to many things and he has helped me to become a better person
and leader. I encourage you to carefully consider his sentencing and thank you for allowing me
to describe the positive character traits I have experience from him.



Sincerely,




Benson Hia





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Mail On I IPG?

US teacher arrested in China on suspicion of
molesting six children at an international
school

• David McMahon, 32, is suspected of abusing four girls and two boys

• Suspected of taking children alone to school library or empty areas then
molesting them

By Anthony Bond

PUBLISHED: 08:30 EST, 14 June 2013 | UPDATED: 08:49 EST, 14 June 2013

An American teacher has been arrested in China on suspicion of molesting six children at an
international school in Shanghai.

David McMahon, 32, is suspected of abusing four girls and two boys, aged from 6 to 10.

McMahon was detained last month, the day after one of the children and her parents reported to police
that she had been abused by him several times.




Held: Chinese authorities have arrested an American teacher on suspicion of molesting six children at an international

school in Shanghai. This is an image of the city

Police said in a statement that McMahon was suspected of taking the children alone to the school
library or open, empty areas on the pretext of checking their homework, then forcing them to take their
clothes off and molesting them.

Another 6-year-old child reported having seen McMahon allegedly molesting classmates, police said.



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The alleged victims are all foreign nationals, the official Xinhua News Agency (reported. Mb further
details about McMahon were released.

China has been grappling with a recent spate off child sex abuse cases allegedly involving school
teachers or employees.

The cases - whose victims have mostly been young girls - have triggered public fury and a pledge by
the country's Supreme People's Court to crack down cum crimes against children.



http://www.dailymailxo.uk/news/article-2341668/David-McMahon-arrested-CM 2/19/2014



Case l:12-cr-00281-ESH Document 40-5 Filed 03/02/14 Page 1 of 16



PEDOPHILIA: DIAGNOSTIC CONCEPTS
TREATMENT, AND ETHICAL CONSIDERATIONS

Fred S. Berlin, M.D., Ph.D. and Edgar Krout, M.A.
Johns Hopkins Hospital, Baltimore, MD.



Over the past decade we have become increasingly aware of the extent and
magnitude of the sexual victimization of children in our society and considerable efforts
have been made to offer help and assistance to these victims. However, to a large
extent, their perpetrators have been regarded more as offenders deserving punishment
than as persons needing help.

This paper serves to broaden the base of our knowledge in regard to an adults
sexual attraction to a child and helps us differentiate between the perpetrator and his
offense. It is a conceptual work, exploring the nature of pedophilia, its etiology,
manifestation, diagnosis, and treatment which encompasses both clinical and ethical
considerations.

To an issue fraught with myth, misconception, fear, hostility, and ignorance, Dr. Berlin
and Mr. Krout s paper brings clarity, order, understanding, and hope. It is only through
understanding and with understanding that we will find the way to help perpetrators
inhibit unwanted pedophilic inclinations. The sexual victimization of children is the abuse
of power. Knowledge is power, and through knowledge we are empowered to address
this problem and make our society a safer one for our children. This paper is an
important contribution to the sparse literature on a serious subject.

A Nicholas Groth, Ph.D., Co-Director, Sex Offender Program, State of Connecticut Dept.
of Correction, Somers State Prison.



THE NATURE OF HUMAN SEXUALITY

People do not decide voluntarily what will arouse them sexually. Rather in maturing
they discover the nature of their own sexual orientation and interests. Persons differ from
one another in terms of (a) the types of partners whom they find to be erotically
appealing, and (b) the types of behaviors that they find to be erotically appealing. They
also differ in intensity of sexual drive, the degree of difficulty that they experience in trying
to resist sexual temptations, and in their attitudes about whether or not such temptations
should be resisted.

When persons experience erotic desires to engage in types of sexual behaviors that
could cause themselves or other harm, such as sadistic, coercive or masochistic sexual
involvements, psychiatric help may be needed. This may also be necessary when a



1



001635



Case l:12-cr-00281-ESH Document 40-5 Filed 03/02/14 Page 2 of 16



person experiences strong erotic attractions towards unacceptable sexual partners, such
as children.

Some psychiatric diagnoses can be made, then, simply by asking co-operative
persons about the range of behaviors they find to be erotically appealing and about the
difficulty they experience in trying to resist succumbing to such sexual temptations. This
line of questioning can identify the person who meets the DSM III diagnostic criteria for
sexual exhibitionism, sexual sadism, sexual masochism, transvestism, and compulsive
voyeurism (American Psychiatric Association, 1978). Each of these represents an
unconventional form of sexual appetite. These men, unlike the average man, often
experience great difficulty resisting erotic temptations to repeatedly expose themselves,
to repeatedly have themselves beaten, or to repeatedly peep in windows, depending
upon the nature of their particular sexual compulsion. Masturbation cannot fully satisfy
these cravings because what they crave is not just sexual release, but a specific type of
sexual activity. Thus, although the average man is physically capable of exposing
himself publicly, he does not have to repeatedly fight off the urge to do so, as does the
exhibitionist, in order to stay out of trouble.

Another way in which sexual problems possibly requiring psychiatric assistance can
be identified is by inquiring about the range and types of partners that a person finds to
be erotically appealing, and about how difficult it is to resist the temptation to become
involved sexually with such partners. Some men, for example, report that they are
attracted sexually to both children and adults, but that when they have a satisfying adult
relationship they are able to resist the temptation of becoming sexually intimate with a
child. Some such men, however, during periods of time in their lives when they do not
have a satisfying adult relationship do become involved sexually with children. Groth
(1979) refers to such men who find both adults and children to be erotically appealing
as regressed pedophiles. There are other men who experience absolutely no erotic
attraction whatsoever towards adults but who have a great deal of difficulty resisting the
sexual temptations that they experience towards children. Groth refers to these men as
fixated pedophiles.

Pedophilia then is simply a term used to indicate that an adult finds children to be
sexually appealing. This condition seems to have been identified almost exclusively in
men. If a man is attracted sexually only to boys, a diagnosis of homosexual pedophilia
can be made, whereas if he is attracted only to girls, a diagnosis of heterosexual
pedophilia my be in order. If gender is not a factor, then the appropriate diagnosis is
bisexual pedophilia. As with other appetites, the pedophilic appetite craves satiation,
with recurrence of hunger an expected event.

Some men who are attracted sexually to children desire not to be and would like to
change. Under such circumstances, their sexual attractions to children are said to be
ego-dystonic. If a man's sexual attraction towards children does not conflict with his
conscience and personal moral convictions, then his pedophilic desires are said to be



2



Case l:12-cr-00281-ESH Document 40-5 Filed 03/02/14 Page 3 of 16



ego-syntonic. In very rare instances, some men experience erotically sadistic desires
towards children. Under such circumstances, a diagnosis of sexual sadism should also
be made.

There are some men who find children to be somewhat appealing erotically but who,
nevertheless, find it easy to resist becoming sexually involved. Such persons may not
require professional assistance. Those who do experience difficulty resisting such
temptations on their own, however, may require help.

The following is a brief verbatim quote from a man whose sexual orientation can be
characterized as ego-dystonic, fixated, homosexual pedophilic. The comments of this
patient give some sense of how tortured and conflicted he feels by the sexual lusts and
cravings that he experiences towards young boys.

"What starts a person like myself dong what I do? Why me? Why cant I be normal
like everybody else? You know, did God put this as a punishment or something
towards me? I am ashamed. Why can't I just go out and have a good time with
girls? I feel empty when a female is present. An older 'gay' person would turn me
off. I have thought about suicide. I think after this long period of time, I have actually
seen where I have an illness. It is getting uncontrollable to the point where I can't put
up with it anymore. It is a sickness. I know it's a sickness. But as far as society is
concerned, you are a criminal and should be punished. Even if I go to jail for twelve
or fifteen years, or whatever, I am still going to be the same when I get out."

This last statement was not meant to be defiant.



ETIOLOGY OF PEDOPHILIC SEXUAL DESIRES

It is a deeply rooted aspect of human nature that we experience desires to seek out
a partner with whom we can share tenderness, affection, companionship, and physical
intimacy. Even in animals, one can observe the so-called mating instinct. People do not
experience feelings of erotic love because it is intellectually rational to do so, or because
they have been taught that it is sensible to do so. Rather, there is a certain "chemistry"
involved. Most of us can describe attributes, both physical and psychological, that
comprise our archetypical fantasies of an idealized partner or mate. In the overwhelming
majority of cases, the object of our erotic affections is a rieer. Most adults do not (1)
become involved sexually with children, (2) repeatedly fantasize about children when
masturbating, (3) find pictures of naked children more erotic than pictures of naked
adults, and (4) have to repeatedly fight off the temptation of becoming involved with
children in a sexual or romantic way.

In addition to yearning for a loving adult sexual relationship, almost all of us are
aware of the fact that infants and children often elicit an emotional response from us.



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Rather than involving feelings of lust or erotic love, however, the feelings which often well
up internally in response to children are ordinarily ones of affection and gentleness, as
well as a desire to nurture, cherish, and protect. It is sometimes difficult to resist the
urge to pick up and cuddle a young infant or child. We do not ordinarily fall in love with
children, however, in a romantic or sexual way.

Most young people devote a great deal of time, thought, and energy towards seeking
out a partner with whom to share affection, companionship, and physical intimacy. The
man who, for unknown reasons, discovers that he craves that type of relationship with
a child rather than with an adult, however, copes with life from a very different
perspective.

Some have argued that sexual assaults are invariably aggressive (Groth, 1979). In
the vast majority of pedophilic acts, this is simply not so. Most pedophiles, use no
physical force whatsoever, but instead derive pleasure from engaging in sexual activities
with children, sometimes in a caring way (Baker et al, 1968; Berlin, 1983b). By definition,
the issue to be explained in pedophilia is one of sexual and affectional orientation.
Pedophilia is not a disturbance of temperament or aggression.



SEXUAL ORIENTATION:
PENECTOMIZED MALE REARED AS A GIRL



How is it then that sexual orientation and affectional interests are acquired? It appears
that both life experience and constitution play a role. The role that environment can play
was dramatically demonstrated by a tragic case reported by Money (1980) in which one
of two genetically identifical male twins was so severely damaged at the time of
circumcision several months after birth that a total penectomy was required. That child
was then reared as a girl. The child's chromosomal pattern, of course, remained
unchanged, and she has now reached her teenaged years. She has developed breasts
by virtue of having been administered estrogens; surgically, an artificial vagina has been
created. According to Diamond (1982), however, she nevertheless experiences
considerable difficulty in adjusting as a female, and she is in some ways ambivalent
about her status. Still, at age 19, this twin raised as a female apparently feels herself to
be a woman in terms of gender identity and also experiences some level of sexual
attraction towards age-appropriate males. Thus, although she is a woman with an XY
rather than a XX chromosomal karyotype, as a consequence presumably of how she has
been raised, she feel herself to be a woman and she finds men to be sexually appealed.



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MANY PEDOPHILES FORMER "VICTIMS"



There are many additional examples showing that environment and life experiences
can play at least some role in the development of gender identity and in the development
of sexual orientation and interest. Groth (1979) and others have shown that many men
who experience pedophilic erotic urges as adults were sexually involved with adults when
they were children. Thus, in treating the pedophile one is in point of fact often treating
a former "victim." One is merely treating him later on in his life after the circumstances
of his childhood, or the intricacies of his biological constitution, have produced their
psychological sequelae. Why sexual involvements with an adult during childhood seem
to put some at risk of experiencing pedophilic sexual urges later on in life, but not others,
is not known.

Money(1 980) has proposed that excessive prohibition of early sexual expression may
also put one at risk of developing pedophilic sexual desires. He has reported that many
men with sexual disorders have come from homes where even the slightest expression
of sexuality, including masturbation, was severely chastised. Gaffney et al (1984a) has
documented evidence that pedophilia may occur more frequently within certain families.

Biology, too, can play a role in the development of sexual interests. Sexual behavior
in humans is often a response to subjectively experienced erotic desires and fantasies.
Although it appears that specific sexual tastes or preferences may sometimes be
modified by virtue of early life experiences, the phenomenon of sexual desire itself is
apparently unlearned and rooted in biology. Males do not have to be taught how to
obtain an erection. Just as it is ture of language and dialect, once acquired sexual
desires are not readily modified.

It is just as reasonable to ask whether one might be put at risk of developing
unconventional sexual interests, such as pedophilia, by virtue of the presence of certain
biological abnormalities, as it is reasonable to ask whether one could be put at such risk
by being exposed early on in life to certain environmental events. One way of
addressing this issue would be to try to determine whether or not there is an increased
prevalence of biological abnormalities of the sort thought to be related to human
sexuality among a group of men who experience unconventional sexual interests.



BIOLOGICAL ABNORMALITIES



Berlin (1983b) evaluated 41 men, all of whom met the DSM III diagnostic criteria for
some form of paraphilia ("sexual deviation disorder") looking for the possible presence
of biological abnormalities. The majority of these men were either pedophiles or
exhibitionists. Although no significant abnormalities were detected in 12 of the 41 , a total



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of 63 abnormalities was found among the other 29 men. These included 7 chromosomal
anomalities (most frequently Klinefelter^ syndrome), as well as 18 abnormal levels of
testosterone, 8 of follicle stimulating hormone, and 14 of luteinizing hormone. There
were also 7 abnormal CT scans of the brain, 4 pathological EEG's, and 5 abnormal
neurological examinations. Following statistical analysis, Berlin (1983b) concluded, as
have others, that there may, indeed, be an association between the presence of certain
kinds of biological abnormalities and the presence of unconventional kinds of sexual
interests such as pedophilia. Recently, Gaffney and Berlin (1984) documented an
abnormal pattern of luteinizing hormone (LH) release over time in response to the
intravenous administration of bolus of luteinizing hormone releasing factor (LHRF) in a
group of pedophilic patients. At the Johns Hopkins Hospital Sexual Disorders Clinic, it
is unusual to see a man who experiences recurrent pedophilic cravings in the absence
of (a) a significant biological abnormality, (b) a past history of sexual involvements with
an adult during childhood or (c) both.

ASSESSMENT: DISTINGUISHING BETWEEN
(1) DIMINISHED MENTAL CAPACITIES, (2) PERSONALITY TRAITS,
AND (3) SEXUAL ORIENTATION



Persons are sometimes referred for psychiatric evaluation because they have become
sexually involved with a child. However, a diagnosis such as pedophilia cannot be made
simply by considering behavior alone. Rather, for purposes of diagnosis and for proper
treatment, one must try to appreciate the state of mind which contributed to the
individuals' behavior.

Like any behavior, sexual behavior with a child can be enacted for a variety of
reasons. For example, a person with schizophrenia may behave in a particular way in
response to hallucinations "telling him to do so," whereas the alcoholic's behavior may
be a reflection of diminished judgment secondary to intoxication.- A mentally retarded
individual may become involved sexually with a child (who incidentally may be of the
same approximate mental age as he) because of the lack of availability of adults
partners, and a lack of capacity to fully appreciate and understand the wrongful nature
of his actions. In none of these instances would a primary diagnosis of pedophilia
necessary apply.

In DSM II, conditions such as pedophilia used to be considered subcategories of a
specific personality type (i.e., the so-called antisocial personality disorder). DSM II (APA,
1 978) acknowledges that this is by no means necessarily so. Diagnosing a person as
a pedophile says something about the nature of his sexual desires and orientation. It
says nothing whatsoever, however, about his temperament, or about traits of character
(such as kindness versus cruelty, caring versus uncaring, sensitive versus insensitive,
and so on). Thus, a diagnosis of pedophilia does not necessarily mean that a person



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is lacking in conscience, diminished in intellectual capabilities, or somehow
"characterologically flawed." In evaluating a person who has become sexually involved
with a child, one needs to try to determine whether the behavior in question was a
reflection of (a) psychosis, (b) poor judgment and psychological immaturity, (c) lack of
conscience, (d) diminished intellect, (e) intoxication, (f) a pedophilic sexual orientation,
or (g) a combination of these plus other factors. One needs to evaluate independently,
the nature of an individual's sexual drives, and interest, as opposed to what that person
is like in terms of character, intellect, temperament, and other mental capacities.



PEDOPHILIC BEHAVIOR AND ITS RELATIONSHIP
TO HUMAN APPETITES AND COMPULSIONS



Although, in order to hold persons accountable for their own actions, society tends
to presume that individuals can invariably control their own behavior through "willpower"
alone, this is simply not always so (Carnes, 1983). It is easy for a nonsmoker to argue
that any smoker could stop if he or she really wanted to do so. Surely, this must be so
in the case of the pregnant smoker, if not for her sake, then certainly for the sake of not
abusing her unborn child. Many of those who have tried to give up smoking and failed,
however, can appreciate the difficulty involved in trying to overcome that habit.

Patients on kidney dialysis made thirsty by the procedure often have great difficulty
maintaining necessary fluid restrictions, even though not doing so can be life threatening
to them (Wirth and Folstein, 1982). The more thirsty they are made by the procedure,
the more difficulty they experience in limiting fluid intake. The researchers who
documented this finding concluded that limits to fluid intake set by physicians may not
suffice because they differ from those set by the patients own physiology (Wirth and
Folstein, 1982).

It is easy for a person who is not tempted sexually by children to argue that any
pedophile could stop having sex with children if he would simply make up his mind to
do so. Admittedly, sometimes it is difficult to determine whether a person is trying his/
her best and failing, or just not trying. This does not mean, though, that many are not
trying. When it comes to appetites or drives such as hunger, thirst, pain, the need for
sleep or for sex, biological regulatory systems exist that may cause an individual to
experience desires to satisfy those hungers in ways that cannot invariably be successfully
resisted through willpower alone. Sometimes persons may feel so discomforted by their
cravings that they feel compelled to act in order to diminish their discomfort.

A common source of confusion about whether or not persons can control compulsive
or appetite-related behaviors, such as pedophilia, relates to the observation that often
such behaviors are enacted in a premeditated fashion. A pedophile rarely approaches
a child, for example, when a policeman is present. It is important to appreciate, however,



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that this is not unlike the case of the cigarette smoker who may be able to temporarily
refrain from smoking while in his doctor's office because his physician's presence causes
a feeling to well up inside which helps him to control his behavior. This does not mean
that that smoker will necessarily be able to break the smoking habit, though, when his
efforts to do so depend not upon the stabilizing presence of another individual but upon
his willpower alone.

A major issue in trying to understand human behavior relates to whether one should
consider a person to be (a) the passive product of life experience and constitution,
versus (b) a conscious agent capable of transcending prior determinants. One does not
want to excuse as "psychopathology" irresponsible behavior. On the other hand, one
should not be too quick to label as misbehavior the compulsive sexual acts of persons
needing help in order to be able to better control their behavior. Often a double
standard is "applied in dealing with compulsive paraphiliac types of human sexuality. If
a person states that he is trying his best to diet, to stop smoking, or to stop compulsive
handwashing, he is often believed and helped. If, however, a person say he needs help
in order to be able to resist the urge to have sex with children, to expose himself
publically, or to engage in coercive sexual acts, his claim that he cannot control himself
through willpower alone is often dismissed. In the author's judgment, many men with
pedophilic sexual orientations do need help in order to be able to control their behavior
appropriately.



TREATMENT OF PEDOPHILIA: CONCEPTUAL CONSIDERATIONS



Four major modalities have been proposed for treating pedophilia. They are (1)
psychotherapy, (2) behavior therapy, (3) surgery, and (4) medication.

Psychotherapy

Classical psychodynamic theory assumes that all men would ordinarily develop
conventional erotic attractions towards age-appropriate partners of the opposite sex, but
that this does not occur in some instances because unhealthy early life experiences
interfered with the normal process of psychological maturation. Therapy utilizes the
process of introspection to try to figure out what went wrong with the expectation that
newly acquired insights will then facilitate the problem being rectified.

It is doubtful that individuals can come to fully understand the basis of their own
sexual interests through the process of introspection alone. The average man probably
cannot figure out simply by thinking about it why he prefers women rather than men.
Similarly, it is not certain that the pedophilic individual can figure out the basis of his own
sexuality. Furthermore, even if he could, knowing why one is hungry ~ be it for food or
for children, doesn't make one any less hungry, nor does it make it any easier for one



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to resist temptation. Finally, there is little convincing evidence showing that the
traditional psychotherapies alone are an effective means for treating pedophilia.



Behavior Therapy

Behavior therapists tend to be less concerned with the historical antecedents of
pedophilia than with the question of what can be done about it. The feature common
to most behavioral approaches is an attempt to extinguish erotic feelings associated with
children, while simultaneously teaching an individual to become sexually aroused by
formerly non-arousing age appropriate partners. Although in laboratory situations,
behaviorists have shown that some pedophilic men no longer demonstrate physiological
evidence of sexual arousal when looking at pictures of naked children, and that they can
begin to show arousal to age-appropriate stimuli, jt has not been well established that
such changes invariably carry over into the non-laboratory situation (Marks, 1 981 ). Most
of us can appreciate how difficult it would be to try and stop feeling the sexual attractions
we have experienced as natural throughout our lives. There is no reason to believe that
it is any easier for the fixated homosexual pedophile to learn to lose his interest in boys
and to become sexually aroused by women, than it would be for the average male to
lose his interest in women and to instead begin lusting for young boys.



Punishment

Another type of "behavior therapy" that has been tried is punishment, usually in the
form of incarceration. Although society sometimes chooses to punish for reasons other
than behavior modification, behavior modification is often one of the intended goals.
There is however nothing about being in prison that can change the nature of a
pedophile's sexual orientation or that can increase his ability to resist acting upon
improper sexual temptations.



Surgery

Two types of surgery have been proposed as a treatment for pedophilia. They are
(1) stereotactic neurosurgery, and (2) removal of the testes. Neurosurgery for this
purpose is still investigational and will not be discussed here. Its rationale has been
explored in a review article by Freund (1980).

Removal of the testes (castration) has been suggested as a treatment for pedophilia
because the testes are the major source of testosterone production in the body. There
has been much confusion about castration about castration, a procedure which does not
remove the penis, but which instead removes the testes in order to lower testosterone.



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Testosterone is an important hormone related to human sexuality and gender
differences. If the testes of a male fail to produce adequate amounts during early
embryonic life, he will be born with the external anatomical appearance of a female.
Thus, testosterone causes external anatomical masculinization of the fetus, and also
produces certain changes in the endocrinological functioning of the male brain (Witson
et al, 1981). The marked increase in testosterone production which occurs at the time
of puberty in males is associated with the development of increased pubic and facial
hair, deepening of the voice, an increase of muscle mass, and a marked increase in
sexual libido. The idea of lowering testosterone in the case of the pedophile is to try to
decrease the intensity of his sexual cravings, which are for children.

Some critics have argued that castrating the "sex offender," which involves removal
of the testes, and not the penis, is like cutting off the hand of the thief. This is in no way
so. Cutting off the penis would be analogous to cutting off the hand of the thief. A male
animal whose penis has been surgically removed will still try to mount a female in heat,
suggesting that the penectomized male is still sexually motivated, though unable sexually
to perform. A castrated male, on the other hand, whose penis is intact can perform
sexually but will ordinarily not attempt to mount a female in heat, suggesting that he is
no longer motivated to do so.

In animals, lowering testosterone by means of removing the testes usually eventually
leads to a total cessation of virtually all sexually motivated behavior, although sometimes
this may take as long as two years to occur (Freund, 1980). In humans, the relationship
between very low testosterone levels and low sexual libido is also fairly well established.
This evidence comes from a variety of sources including studies on hypogonadal men,
data from persons with adrenogenital disorders, studies on drugs that lower testosterone
as side effects, and from several well controlled studies looking at the effects of
administering testosterone in an attempt to increase sexual libido (Ellis, 1982, Kwan et
al, 1983; Sturup, 1972; Carney et al, 1978).



THERAPEUTIC SEX DRIVE REDUCTION



In an article entitled, 'Therapeutic Sex Drive Reduction," Freund (1980) reviewed data
regarding removal of the testes in humans as a means of trying to help some men gain
better control over their sexual behavior. In one study in Denmark, Sturup (1972)
reported upon a thirty-year investigation of 900 castrated "sex offenders," many of whom
were pedophiles, involving over 4,000 follow-up examinations. He documented less than
a 3 percent recidivism rate. Ficher Van Rossum in Holland, Kinmark and Oster in
Sweden, and Cornu in Switzerland reported comparable findings (Freund, 1980). The
study in Holland involved 237 men with a 1 .3 percent recidivism.



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In the Swiss study, there was a 5.8 percent recidivism rate among 120 men following
castration, with a 52 percent recidivism rate in the noncastrated control group. Follow-
ups ranged from five to thirty years. Bremmer (1959) reported a 58 percent recidivism
rate in the five years prior to treatment, in a group of men who showed only a 7.3
percent recidivism rate during the five years post-surgery. Thus, the surgical method of
lowering testosterone did seem to enable many men to better control their sexual
behaviors. Furthermore, many of these men did not lose their capacity to perform
sexually following castration.



CYPROTERONE ACETATE AND MEDROXYPROGESTERONE ACETATE

Today it is no longer necessary to perform castration in order to reduce testosterone
levels. Rather, this can now be done pharmacologically in a graduated way without the
physical or psychological trauma of surgery. In Europe and the Scandinavian countries,
cyproterone acetate has been used for this purpose, and there are several "blind" as well
as "non-blind" studies supporting its effectiveness (Laschet and Laschet, 1976; Money
et al, 1976). In the United States, since Money first began doing so in 1967 in
conjunction with the treatment of pedophilia, the drug most often employed as a
pharmacological method for lowering testosterone has been medroxyprogesterone
acetate. Depo-Provera (Money Et al, 1976, Berlin & Meinecke, 1981; Berlin & Coyle,
1981, Berlin, 1981, Berlin & Schaerf, 1984).

Medroxyprogesterone acetate (MPA) can be injected intramuscularly once per week.
There it binds to the muscle, from where it is then gradually released over the course of
several days into the blood stream. At this time, the initial starting dosage used in The
Johns Hopkins Clinic has been 500mg IM once per week of the 100mg per cc
concentration. No more than 250cc is given into a single injection site.

Major side effects of MPA have been weight gain, and in some cases hypertension.
Mild lethargy, cold sweats, nightmares, hot flashes, and muscle aches have also been
reported. The drug, which is not feminizing, may cause an increased incidence of breast
cancer in female beagle dogs, and of uterine cancer in monkeys. It has been used in
over eighty countries of the world as a female contraceptive, supported in its use for this
purpose by the World Health Organization. No studies showing an increased risk of
cancer in males (either humans or animals) have been reported. Two recent articles, one
in Science (Sun, 1982) and the other in the Journal of the American Medical Association
(Rosenfield et al, 1983), failed to find convincing evidence that MPA is carcinogenic in
humans.

There is no doubt that MPA consistently decreases serum testosterone levels
significantly. This can be confirmed by means of a simple blood test. The idea of using
MPA in the case of the pedophile is to try to decrease the intensity of his sexual cravings,



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thereby, hopefully, making it easier for him to successfully resist unwanted temptations.
The drug cannot change the nature of his sexual orientation.

What is not yet fully established regarding the use of MPA is optimal dosage, which
of the paraphilias will respond most adequately, long-term side effects, and precise long-
term recidivism percentages. There is little reason to believe, however, that recidivism
should be any higher than those low rates documented when surgical removal of the
testes was used as a method of lowering testosterone. Of more than 70 men treated at
the Johns Hopkins Clinic with MPA over the past three years for some form of paraphilia
(mostly pedophilia and exhibitionism), less than 10 percent have relapsed. In addition,
compliance rates have been better than 90 percent.

There has been some concern about whether MPA should be given to pedophilic
men who are on legal probation. In the author's opinion, if it is not an effective drug,
then it should not be used at all. If it is effective, as it often seems to be, then it is
difficult to see why a person should be denied the opportunity to take it just because he
is on probation or perhaps even incarcerated. Some incarcerated men report that MPA
frees them from intrusive, obsessional sexual preoccupations.

MPA is not a cure. It is not a guarantee. It is not a punishment. Some pedophiles
report being unable to successfully resist sexual temptations through willpower alone,
even with the assistance of professional counseling. Such individuals should be afforded
the opportunity to see whether or not MPA confers upon them an increased capacity for
self-control.



RATIONALE FOR USE OF MPA PLUS COUNSELING



Some critics have argued that psychotropic drugs such as MPA may in some ways
be "mind controlling." The legitimate medical indications for use of psychotropic drugs
are (a) to decrease suffering ( as in the case of antidepressant medications),, (b) to
restore function (as in the case of antipsychotic medications:), or (c) to increase rather
than decrease a person's capacity to successfully exercise self-control as in the case of
MPA (Berlin, 1983a).

Most pedophiles receiving MPA also attend group counseling sessions. These are
similar to the type often used with alcoholics. There they are expected to acknowledge
being tempted to do something improper. They then discuss among themselves
strategies intended to help enable them to resist such temptations successfully. This
includes discussions of whom to call, what early warning signs to look for, and what
situations to avoid. The groups provide both peer pressure and peer support.



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When a person desires sex or falls in love, it is often easy to become convinced that
the relationship is good and healthy and not harmful or wrong. Such self-deception may
at times be easy for the pedophilic individual in light of the fact that sex with children,
though wrong, may not in every instance be damaging (Standfort, 1984). Some children
may enjoy certain sexual and non-sexual aspects of their relationships with an adult, thus
facilitating self-deception on the part of the adult. Treatment, therefore, may have to
involve helping a person stop rationalizing, as well as helping him to develop strategies
for more successfully resisting sexual and affectional temptations.



ETHICAL CONSIDERATIONS AND CONCLUDING COMMENTS



A few hundred years ago in New England, misguided parishioners burned at the
stake women whose behaviors they feared or found offensive. Persons whom we might
now treat in psychiatric hospitals were shackled, often for the better part of a lifetime.
In the 1700s, the most common cause for execution in the British Royal Navy was the
crime of "buggery," homosexual behavior between consenting adults (Gilbert, 1976). In
each of these instances, many good people failed to appreciate the wrongful nature of
these reactions. Today, the person with a pedophilic sexual orientation is often ridiculed,
maligned and disparaged, with little concern about him as a person. It is simply taken
for granted that the pedophile is deserving of scorn, with little more thought given to
such a proposition than was given several hundred years ago to the notion that lepers
should be exiled. It is difficult contemporarily to be fully aware of one's own society's
assumptions.

Today, most of us would probably accept as a given the belief that any man who
becomes sexually intimate with a child must simply be a callous predator, unwilling to
reflect upon the possibility that such an individual might have a genuine concern for the
well being of children. Labels such as "molester" and "abuser" are readily applied with
little forethought. After all, how could anyone who really cares about a child's well being
show so little concern and manifest such an abuse of trust as to become sexually
involved? There can be little doubt that children are too unprepared and too vulnerable
to fully appreciate the consequences of sexual involvement with an adult. However,
imagine what life must be like for the man who finds that he never experiences feelings
of erotic arousal or romantic love towards adults, as much as he might wish that he
could, but who recurrently lusts for or falls in love with young boys or girls in an erotic,
sensual way.

To provide treatment to persons with pedophilic sexual orientations in no way reflects
a lack of concern for young children. One can treat children and treat pedophiles as
well. These are not mutually exclusive choices. In counselling a child, it may help if that
child understands that the pedophilic individual may genuinely have cared about him,



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even though that caring were expressed in an improper way. Preventive treatment
cannot be completely accomplished without dealing with the pedophile himself. To the
extent that treatment helps the pedophile gain better self-control, both his interests and
society's interests are well served.

Although it is not the pedophiles fault that he has the sexual orientation that he has,
it is his responsibility to deal with his sexuality in a manner that does not put innocent
children at risk. However, in order for him to be able to do this and to be held
accountable by society, adequate treatment facilities must be made available, facilities
where a person can seek help without fear of stigmatization, ridicule, retaliation, or
unwarranted disdain. Only under such circumstances can one expect an individual to
talk candidly about the innermost aspects of his own sexuality. This requires trust.

The values that we try to in still in our children are important. Almost two thousand
years ago as an outraged crowd attempted to stone to death a woman whose sexual
behavior they considered offensive, one man stepped forward to stop the retribution,
speaking against such revenge while espousing values such as compassion,
understanding, forgiveness, and reformation. He asked that persons be judged not
simply by their behavior but with some appreciation for their humanity. Perhaps that
message still goes unheeded today when it comes to the issue of how we deal with
some of those who have sexual and affectional orientations of a sort that frighten us, and
that differ from our own.



REFERENCE



American Psychiatric Association (1978). Diagnostic and Statistical

Manual of Mental Disorders, 3rd Edition. Task Force on Nomenclature and Statistics of American
Psychiatric Association, Washington, D.C.

Baker, H. J. and Stoller, J (1968). Can a biological force contribute to gender identity? Aroer. J. Psychiat.
124:1653-1658.

Berlin, F.S. (1981a). Ethical use of antiandrogenic medications. Amer. J. Psychiat. 138:1516-1517.

Berlin, F.S. (1983b). Ethical use of psychiatric diagnosis. Psychiat. Annals. 13:231-331.

Berlin, F.S. (1983). Sex offenders: A biomedical perspective and a status report on biomedical treatment.
In Greer, J.C. and Stuart, I.R. (Eds). The Sexual Aggressor. Current Perspectives on Treatment, Van
Nostrand Reinhold Company. New York.

Berlin, F.S. andCoyle, G.S. (1981). Sexual deviation syndromes. 7ir�e Johns Hopkins Med. J. 149:119-125.



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Berlin, F.S. and Meinecke, C.F. (1981). Treatment of sex offenders with antiandrogenic medication:
Conceptualization, review of treatment modalities, and preliminary findings. Amer. J. Psychiat.



Berlin, F.S. and Schaerf, FW (1985). Laboratory assessment of the paraphilias and their treatment with
antiandrogenicmedication. In Hall, R.C.W. and Bereseford, TP. A Handbook of Psychiatric Diagnostic
Procedures. Spectrum Publications, New York.

Bremer, J. (1959). Asexualization: A Follow-Up Study of 244 Cases. Macmillan, New York.

Carnes, P. (1983). Sexual Addiction. CompCare Publications, Minneapolis.

Carney, A., Bancroft, J. and Mathews, A (1978). A combination of hormonal and psychological treatment
for female sexual unresponsiveness: A comparative study. Brit J. Psychiat. 132:339-346.

Cooper, A.J. (1981). A placebo-controlled trial of the antiandrogen cyproterone acetate in deviant
hypersexuality. Compreh. Psychiat. 22:458-465.

Diamond, M (1982). Sexual identity: Monzygotic twins reared in discordant sex roles and a BBC followup.
Arch. Sex. Behav. 1 1 : 1 8 1 - 1 86

Ellis, L. (1982). Developmental androgen fluctuations and the five dimensions of mammalian sex (with
emphasis upon the behavioral dimension and the human species). Etiol. & Sociobiol. 3:171-197.

Freund, K. (1980). Therapeutic sex drive reduction. Acta Psychiat. Scandinavica (supplement) 287:1-39.

Gaffney, G.S. and Berlin, F.S. (1984). Is there a hypothalamic-pituitary-gonadal dysfunction in paedophilia?

Brit. J. Psychiat. 145-657-660.

Gaffney, G.S. Berlin, F.S. and Lurie, S.F. (1984). Is there familial transmission of pedophilia? J. Nervous
& Mental Diseases 1 72-546-548.

Gilbert, A.N. (1979). Buggery and the British Royal Navy 1700-1761. J. Soc. Hist. 10:72-76.

Groth, A.N. (1979). Sexual Trauma in the life histories of rapists and child molesters. Victimology: An
International Journal 4:10-16.

Kwan, M., Greenleaf, W.J., Mann, J., Crapo, L, and Davidson, J.M. (1933). The nature of androgen action
on male sexuality: A combined laboratory - self report study on hypogonadalman. J. Clin. Edocrinol.
& Metabol 57:557-562.

Laschet, V. and Laschet, L (1976). Antiandrogens in the treatment of sexual deviation in men. J. Steroid
Biochem. 16:821-826.

Marks, I.M. (1981) Review of behavioral psychotherapy, II: Sexual disorders. Amer. J. Pscyhiat. 138:750-
756.

Money, J. (1980). Love and Love Sickness, The Johns Hopkins University Press, Baltimore.



138:601-607.



15




Case l:12-cr-00281-ESH Document 40-5 Filed 03/02/14 Page 16 of 16



i



Money, J. Wideking, Walker, P.S., and Gain, D. (1976). Combined antiandrogenic and counselling program
for treatment of 46 XY and 47 XYY sex offenders. In Sachar, E.J. (Ed.), Hormones, Behavior and
Psychopathology, Raven Press, New York.

Rosenfield, A., Marne D. Rochat, R., Shelton, J., and Hatcher, R.A. (1983).

The Food and Drug Administration and medroxyprogesterone acetate: What are the issues? JAMA
249:2922-2928.

Sandfort, T.G.M. (1984). Sex in pedophilic relationships: An empirical investigation among a
nonrepresentative group of boys. J. Sex. Res. 20:123-142.

Sturup, G.K. (1972). Castration: The total treatment. In Resnick, H.P.L. and Wolfgang, M.D. Eds. Sexual
Behaviors: social, Clinical, and Legal Aspects, Little Brown, Boston.

Sun. M. (1982). Depo-Provera debate revs up at FDA. Science 217:424-428.

Witson, J.D., George F.W., and Griffin, J.E. (1981). The hormonal control of sexual development. Science
211:1278-1284.

Wirth, J.B. and Folstein, M.F. (1982). Thirst and weight gain during maintenance hemodialysis.
Psychosomatics 23: 1 1 25-1 1 34.



About the Authors

Fred S. Berlin, MD. Ph.D. is an Associate Professor, School of Medicine, Johns Hopkins University,
Baltimore, Maryland. The author is co-Director of The Johns Hopkins Hospital Sexual Disorders Clinic.
Dr. Berlin is a member of the American College of Forensic Psychiatry.

Edgar W. Krout, MA. is a psychotherapist in the Department of Psychiatry at Johns Hopkins Hospital and
a member of the staff of The Johns Hopkins Sexual Disorders Clinic.



16



November 1994



Case l:12-cr-00281-ESH Documents Filed 03/02/14 Page 1 of 21



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
vs.

HECTOR ORJUELA, Jr.,
Defendant.



Crim. No. 12-281 (ESH)



DEFENDANT HECTOR ORJUELA, JR.'S MEMORANDUM IN AID
OF SENTENCING AND OBJECTIONS TO PRESENTENCE REPORT

Mr. Hector Orjuela, Jr., by his attorney, pursuant to Federal Rule of Criminal Procedure
32, hereby respectfully submits his Memorandum In Aid of Sentencing and Objections to the
Presentence Report ("PSR"). Based on all of the sentencing factors in this case, including most
notably: (1) the history and characteristics of Mr. Orjuela; (2) the persuasive evidence that non-
violent sex offenders such as Mr. Orjuela can be effectively and safely managed in the
community while on supervised release; and (3) the fact that Mr. Orjuela has accepted
responsibility and, by pleading guilty, saved all parties (including most importantly the minors)
the trauma of a trial, the defense respectfully requests that the Court impose a sentence no greater
than 180 months' incarceration, followed by a very substantial term of supervised release.

INTRODUCTION

No one disputes that this case involves reprehensible conduct. The question here is not
whether Mr. Orjuela will serve a very lengthy term in prison followed by an exceedingly
restrictive and prolonged term of supervised release - under any possible sentence the Court can
impose, he will. Instead, the issue is whether Mr. Orjuela's life should be thrown away because
he is incapable of being managed and treated in the community. Because the government's



Case l:12-cr-00281-ESH Document 40 Filed 03/02/14 Page 2 of 21



affirmative answer to this question conflicts with both the evidence in this case and the
consensus in the medical and treatment communities that sex offenders of Mr. Orjuela's type can
be safely treated and supervised, a life or effective life sentence is far greater than what is
necessary. Instead, the Court should sentence Mr. Orjuela to 15 years followed by a lengthy term
of supervised release. That sentence - when combined with the sex offender treatment Mr.
Orjuela will receive while in prison and after - is the sufficient, but not greater than necessary,
sentence in this case.

BACKGROUND

A. Hector Orjuela, Jr.

Mr. Orjuela is a 47 year-old man with no prior criminal convictions, or even arrests. He
was born in Torrance, California to his parents, Hector Orjuela, Sr. and Helena De Orjuela. See
Ex. 1 (photographs of Mr. Orjuela's parents). As reflected in the letters from Mr. Orjuela's
family and friends attached as Exhibit 2, Mr. Orjuela was raised in a large, loving family with
three brothers and one sister: Luis Orjuela, who lives in Los Angeles; Andres Orjuela, who lives
in Miami; Ximena Orjuela, who resides in Colombia; and Rodrigo Orjuela, who lives in South
Beach, Florida.

As their letters to the Court make clear, the Orjuela family has always been exceptionally
close and remains so today. Mr. Orjuela, who the Orjuela family affectionately refers to as
"Tonu," has always had a deep and abiding love for his parents and siblings. Mr. Orjuela's very
close relationship with his parents makes the kind of time Mr. Orjuela is facing all the more
painful, particularly given that his parents live in Colombia. See PSR If 98 ("Presently, the
defendant's parents are residing in Bogota, Colombia .... Due to their respective ages (86 -

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father, 71 - mother), and the distance, they have been unable to visit the defendant during his
time in custody[.]"). The reality is that given the necessity of a 15-year sentence in this case, Mr.
Orjuela will likely never see his father again.

Mr. Orjuela's early years living in both Colombia and California were idyllic. When he
was about 10 or 1 1, however, the family moved to Mexico, where Mr. Orjuela was repeatedly
sexually abused by the family's female maid. See PSR \ 95. The abuse went on for almost all of
the two-year period the Orjuela family stayed in Mexico. Although no one can say with certainty
exactly how abuse of that kind affects an individual, it appears to have had a significant impact
on Mr. Orjuela's sexual development. 1

Although Mr. Orjuela was not a good student, he has always had an impressive gift for
languages. Mr. Orjuela has working knowledge of French, Chinese, German, and Catalan, which
is a mixture of Spanish, French, and Latin. See PSR ]f 126. Mr. Orjuela received a certificate to
teach English from the University of California Irvine in Irwin, CA, and has since used his skill
with languages to teach English all over the world. See PSR Iffl 128-133.

Since at least as far back as 1992, when he was in his mid-twenties, Mr. Orjuela
understood that he has a sexual attraction to young females. See, e.g., PSR \ 52. While many
who suffer from this disorder continue to deny it, Mr. Orjuela has taken the significant step of
acknowledging his problem and requesting any treatment that can help him. See id. Mr. Orjuela

1 While the government casually rejects any link between prior molestation and
committing such acts, see Gov't Mem. at 14, the literature suggests that a history of abuse is
prevalent in these cases. See Fred S. Berlin, M.D., Ph.D, at al. Pedophilia: Diagnostic Concepts,
Treatment, and Ethical Considerations, (attached as Ex. 5), at 6 ("At the Johns Hopkins Sexual
Disorders Clinic, it is unusual to see a man who experiences recurrent pedophilic cravings in the
absence of (a) a significant biological abnormality, (b) a past history of sexual involvements with
an adult during childhood or (c) both.").

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recognizes that his actions in this case did terrible harm, not only to the minors but also to their
parents who entrusted him with their children, as well as their larger communities. There is
nothing Mr. Orjuela wants more than to be free of the abnormal urges that have led him to inflict
so much pain.

Since the time of his arrest and deportation back to the United States in December 2012,
Mr. Orjuela has worked hard to give back to the community and make amends for his
misconduct in whatever way possible. To that end, he worked diligently as an English tutor at
the D.C. Jail to help other inmates obtain their General Equivalency Diplomas (GEDs). He has
helped dozens of inmates in this manner, and, as the letters attached as Exhibit 3 attest, his
students are very appreciative for helping them to advance in their lives.
B. The Offense Conduct.

The full story behind Mr. Orjuela's conduct in this case begins with Mr. Orjuela's own
repeated sexual victimization when he was between 10 and 12 years old. 2 As noted, Mr. Orjuela
was repeatedly sexually molested by his family's maid, an episode thoroughly corroborated by
Mr. Orjuela's friends and relatives. See Ex. 2 (letters from Mr. Orjuela's friends and family)

Perhaps due to this abuse, Mr. Orjuela has had a long battle with inappropriate sexual
urges regarding minors. Unfortunately, those urges have manifested themselves in the viewing
of child pornography and, more recently, in the inappropriate touching of three minors. With
respect to one of the minors, Jane Doe #3, Mr. Orjuela also took two sexually explicit

The defense is currently having a psychiatrist, Dr. Mitchell Hugonnet, conduct a
psychiatric evaluation of Mr. Orjuela that will address, inter alia, his childhood abuse. The
report will also address Mr. Orjuela's amenability to treatment. The defense anticipates that Dr.
Hugonnet will have completed a report by Sunday, March 2, 2014 and will file the report under
seal at that time.

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photographs. There is no indication that the two photos were ever distributed in any sense; i.e.,
Mr. Orjuela never sent them to anyone or posted them anywhere online. The only individuals
who have seen the photos are Mr. Orjuela, law enforcement, and whomever law enforcement has
shown them to. Thus - and contrary to many of the statements and arguments in the
government's sentencing memorandum, see Gov't Mem. at 12-13; 16-17 - this case will not
involve the future victimization of Jane Doe #3 through continued viewing of the images. To the
contrary, there is no reason to think the images will be viewed ever again.

After his arrest in November 2012, Mr. Orjuela cooperated with the authorities in every
way possible. Immediately following his arrest, Mr. Orjuela confessed to the Chinese police
department in Shanghai. Once the Chinese police had contacted the American Consulate, Mr.
Orjuela waived his Miranda rights and confessed to the embassy officials who questioned him.
Upon his deportation to the United States in December 2012, Mr. Orjuela again waived his
Miranda rights and participated in a lengthy interview with law enforcement where he again
truthfully admitted his conduct. Importantly, Mr. Orjuela - on his own initiative and surely
against the advice of his former counsel in this case - also wrote a letter to his cousin (the mother
of Jane Doe #3) confessing his conduct and expressing deep remorse for his actions. Mr.
Orjuela' s letter is attached to the government's sentencing memorandum. As the government
notes:

The Government recognizes that the defendant has expressed remorse for
his actions. The defendant confessed to his sexual abuse of Jane Does #1 and #2
to law enforcement when questioned. The defendant also wrote a letter of
apology to Jane Doe #3's mother for his abuse of Jane Doe #3. In that respect the
Government recognizes that the defendant is remorseful and would like to stop his
abuse of children.



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Gov't Mem. at 10.

As the letter to the mother of Jane Doe #3 makes clear, Mr. Orjuela is very ashamed of
his conduct and remorseful for what he did. Mr. Orjuela has no criminal history and has shown
that he can contribute to society through his work. His family and friends remain supportive of
him and will help ensure that upon his release he is properly reintegrated into the community.
See Ex. 2. The fact that Mr. Orjuela's disorder has now been exposed is also very significant, as
it will allow Mr. Orjuela the opportunity to seek treatment and talk openly about his disorder and
the treatment and precautions he needs.
B. Plea Agreement.

Mr. Orjuela entered into a plea in this case prior to filing any pretrial motions, thereby
sparing the government scarce resources. More importantly, the plea brought closure to the
families of the minors in this case and foreclosed the possibility that the minors or their families
would have to testify at a trial or anywhere else. In the plea agreement reached between Mr.
Orjuela and the government, Mr. Orjuela stipulated to all applicable enhancements, including
that he is a repeat sex offender. The resulting Guidelines range is life. The legal benefit that Mr.
Orjuela obtained from the agreement, however, is that the Court may impose a sentence lower
than that, such that Mr. Orjuela may have the opportunity to live a meaningful life - albeit an
intensely supervised one - after prison. 3



The plea agreement also bound the government to not charge Mr. Orjuela under
18 U.S.C. � 2241(c), see PSR \ 7, which in the defense's view did not clearly apply in any event.
Notably, however, that charge carries a 30-year mandatory minimum. Thus, for Mr. Orjuela to
receive a sentence of 30 years or more would deny him the benefit of his bargain in that sense, as
well.



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C. The Presentence Report and Mr. Orjuela's Objections.

As discussed, Mr. Orjuela has accepted full responsibility for his actions, both in the legal
sense and in a real- world sense by apologizing for his conduct in every possible manner. In the
factual proffer (and other places), Mr. Orjuela admitted that he engaged in inappropriate sexual
contact with the three minor victims, as well as taking two sexually explicit photographs of Jane
Doe #3. However, while admitting what did happen, Mr. Orjuela is unwilling to accept (and
should not accept) the PSR's exaggerated and inaccurate account of his offense conduct, which is
based on hearsay statements the Probation Office received from the government and incorporated
directly into the PSR. See PSR pp. 28-29. Mr. Orjuela's objections to the PSR's account of the
offense conduct are listed on pages 28-29 of the PSR. Mr. Orjuela maintains those objections,
which are further argued below.

D. The Government's Sentencing Memorandum.

The government's sentencing memorandum relies heavily on comparisons to production
of child pornography cases where the defendants subsequently distributed the images of their
victims or posted them online for others to see. See, e.g., Gov't Mem. at 12 (discussing harms of
"trafficking" in child pornography). As the government points out, those cases involve special
concerns regarding the re-victimization of the minors in the photographs throughout the rest of
their lives. See id. ('"A child who has posed for a camera must go through life knowing that the
recording is circulating within the mass distribution system for child pornography.'" (quoting
New York v. Ferber, 458 U.S. 747, 758 n.9 (1982))). As discussed above, Mr. Orjuela never
distributed the two photographs of Jane Doe #3 in any manner, or any other child pornography.
See PSR ]f 33("[n]o images of child pornography were found among the [Hotmail] email

7



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attachments") see also PSR ]f 35 ("No images of child pornography were found among the
[Gmail] attachments"). Fortunately, the two photographs of Jane Doe #3 will never circulate in
any sense, and the government's arguments in this area do not apply.

The government also relies on an exaggerated account of the alleged future
dangerousness of sex offenders in general and Mr. Orjuela in particular. In doing so, the
government fails to recognize that the dangers of a non-violent sex offender such as Mr. Orjuela
can be readily neutralized through sex offender treatment and supervision in the community.
While there is no consensus in the psychiatric community regarding whether offenders fitting Mr.
Orjuela' s profile can be "cured," there is a consensus among treatment providers that non-violent
sexual offenders can be managed on supervised release such that they present little to no risk of
future misconduct. See infra at 11-15. That is what should happen here, by weighting Mr.
Orjuela' s sentence more heavily towards supervised release than prison. With proper treatment,
there is every reason to believe that Mr. Orjuela can be safely supervised in the community and a
contributing member of society. This is particularly true given the continuing support of his
family and friends, which is one of the most crucial factors for preventing recidivism. See Ex. 2;
see also infra at 12.

The government also attaches a letter from the mother of Jane Does #1 and #2. The letter
is heart-wrenching and unassailable in almost all respects. In terms of the physical injuries
alleged in the letter, however, those injuries must be considered alongside the terrible fact that
Jane Does #1 and #2 were also being molested, in a significantly more physical manner, during a
longer time frame by a teacher at their school. See Ex. 4 (The Daily Mail, "U.S. Teacher
Arrested in China on Suspicion of Molesting Six Children at an International School" June 14,

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2013); see also Stipulation (submitted under seal). In addition, as the PSR notes, the minor
victims in China were medically examined on December 22, 2012, after the offense conduct in
this case had concluded. See PSR If 26;. The medical examination of Jane Does #1 and #2 in
December 2012 did not reveal any of the injuries alleged in the letter submitted by the
government or any other physical injuries. See PSR ]f 26 ("Neither female has any hymenal tears,
bruising, scarring, lesions, or rashes, or evidence of acute anal-genital injuries.").

While the government's sentencing memorandum and the PSR note that Mr. Orjuela is
receiving "credit" for acceptance of responsibility under the Guidelines and the government's
sentencing recommendation, that is true only in the most academic, meaningless sense. Notably,
Mr. Orjuela not only accepted responsibility for his offense in the legal sense but, moreover, in
the everyday sense of admitting his conduct before he pled and apologizing to the victims as best
he could. If the Court imposes a life or effective life sentence, what benefit will Mr. Orjuela
have received for his cooperation and early plea? Given all of the facts and circumstances of this
case, including his early plea and acceptance of responsibility, it is reasonable that Mr. Orjuela
should have the chance at a meaningful life after this case, under the strict supervision afforded
to sex offenders that would be part of his supervised release, including registration as a sex
offender. Any other sentence does not in fact provide Mr. Orjuela with credit for accepting
responsibility and does not provide an incentive for future defendants in Mr. Orjuela' s position to
accept such pleas (or for their counsel to recommend them). To the contrary, the only sensible
course in future cases for defendants in Mr. Orjuela' s position would be a trial, which would be
extremely costly and burdensome to everyone involved in every possible sense.



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DISCUSSION

I. UNDER THE SECTION 3553(A) SENTENCING FACTORS, THE SENTENCE

"SUFFICIENT BUT NOT GREATER THAN NECESSARY" IS NO MORE THAN
FIFTEEN YEARS.

A. The History and Characteristics of Mr. Orjuela.

But for the conduct in this case, Mr. Orjuela has led a largely positive life. The letters
from his family and friends attached as Exhibit 2 speak of a kind person who loves his family
and has shared an exceptionally close relationship with them, including with his grandparents
before they passed away. Mr. Orjuela has also helped many people through his career as a
teacher, and indeed has continued to do so while incarcerated through the Department of
Corrections G.E.D. program. See Ex. 3 (letters from Mr. Orjuela's fellow inmates and students).

As noted, Mr. Orjuela is now fully aware that he has a serious problem regarding a sexual
attraction to minors - a problem he will have to grapple with for the rest of his life.
Significantly, there is a growing understanding that the way to prevent sexual abuse by
pedophiles (which not all abusers are) is to recognize pedophilia as a disorder and to treat it as
such. See Fred S. Berlin, M.D., Ph.D, at al. Pedophilia: Diagnostic Concepts, Treatment, and
Ethical Considerations, (attached as Ex. 5), at 13 ("It is simply taken for granted that the
pedophile is deserving of scorn, with little more thought given to such a proposition than was
given several hundred years ago to the notion that lepers should be exiled."). This means a focus
more on treatment rather than on merely relying upon incarceration after the fact. See id. It
means not denying the existence of the disorder and not treating those with the disorder as
"monsters," but making it acceptable for those who suffer from the disorder to come forward and
seek treatment prior to actions requiring incarceration. See id.

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When someone such as Mr. Orjuela recognizes he has the disorder, accepts that any
action on the urges is unacceptable, and participates in aversion therapy under close supervision,
it can be controlled. This is especially true where, as here, Mr. Orjuela is motivated to stop the
urges he has.

Appropriate supervision can ensure that barriers deny Mr. Orjuela access to the situations
that would allow him to act on his desires. For example, the Court can set conditions such that
Mr. Orjuela is never alone with a minor again, or allowed to communicate with one in private.
With Mr. Orjuela' s disease out in the open, he will no longer be in situations - as he was before -
with the potential for inappropriate conduct. Mr. Orjuela is simply not the kind of defendant who
would abduct a child — among many other things, he does not act impulsively. It is much easier
to manage his style of offending, i.e., developing a relationship with a child, as it takes time and
access, both of which can be managed (i.e., eliminated) by sex offender supervision. See infra at
12-15.

B. The Nature and Circumstances of the Offense.

In terms of the nature and circumstances of the offense, this case involves deplorable
conduct and attempted conduct. A substantial period of incarceration - 180 months - is
warranted as retribution for Mr. Orjuela's offense, for general deterrence purposes, and to give
him the time to obtain treatment. But at the same time, for numerous reasons explained below
concerning Mr. Orjuela's low risk of reoffending, 15 years of Mr. Orjuela's life is enough.



11



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C. The Need for Incapacitation. 4

Given his history and characteristics, Mr. Orjuela is very unlikely to re-offend. The
United States Sentencing Commission's research demonstrates that employment, education, lack
of criminal history, and family ties and responsibilities all predict reduced recidivism, see United
States Sentencing Commission ("USSC") Measuring Recidivism: The Criminal History
Computation of the Federal Sentencing Guidelines, at 12-13 & Ex. 10 (2004); USSC, Recidivism
and the "First Offender," at 7-8, Ex. 2, 3, 6, 13-16 (2004), as does substantial other research. 5
As the Sentencing Commission reports, recent studies show that "appropriate 'treatment
interventions ... are associated with lower rates of recidivism — some of them very significant,'"
USSC, Report to the Congress: Federal Child Pornography Offenses at 278 & n.31 (2012)
(citing a project funded by the Department of Justice), and that "[pjolygraph testing of sex
offenders is widely accepted by experts as a critically important corollary of effective treatment."
Id. at 282.

"[T]he research consistently demonstrates that recidivism rates for people who have been



Counsel has confirmed that all of the publications cited in this section of Mr.
Orjuela' s sentencing memorandum are available on the Internet. Counsel also has PDFs and
hard copies of the articles available should the Court wish to obtain them in either or both of
those formats.

See Miles D. Harer, Fed. Bureau of Prisons, Office of Research and Evaluation,
Recidivism Among Federal Prisoners Released in 1987, at 5-6, 54 (1994), available at
http://www.bop.gov/news/research_projects/ published_reports/recidivism/oreprrecid87.pdf;
Correctional Service Canada, Does Getting Married Reduce the Likelihood of Criminality,
Forum on Corrections Research, Vol. 7, No. 2 (2005); Robert J. Sampson & John H. Laub,
Crime and Deviance Over Life Course, 18 Annu. Rev. Sociol. 63, 72-73 (1992); Robert J.
Sampson, John H. Laub & Christopher Winer, Does Marriage Reduce Crime? A
Counterfactual Approach to Within-Individual Causal Effects, 44 Criminology 465, 497-500
(2006).



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convicted of a sex offense are substantially lower than most people believe, and in fact, are
among the lowest of all people convicted of a crime." Mary Helen McNeal & Patricia Warth,
Barred Forever: Seniors, Housing and Sex Offense Registration, 22 Kan. J.L. & Pub. Pol. 317,
344-45 (Spring 2013), at pp 344-345. Studies show that sex offenders are 25% less likely to re-
offend than non-sex offenders and that sex offender treatment cuts recidivism by more than half.
SeeNACDL Report: Truth in Sentencing? The Gonzales Cases, 17 Fed. Sent. Rep. 327, 328
(June 2005); see also Ctr. Sex Offender Mgmt, Office of Justice, Dep't of Justice ("DOJ"),
Myths and Facts About Sex Offenders (August 2000), at 3 ("recidivism rates for sex offenders are
lower than for the general criminal population"); DOJ, Bureau of Justice Statistics, Recidivsm of
Sex Offenders Released From Prison in 1994 (2003), at 2 ("Compared to non-sex offenders
released from State prison, sex offenders had a lower overall re-arrest rate"). As one study has
reported:

The Department of Justice examined the criminal records of the 9,691 sex
offenders, rapists, child molesters, statutory rapists, and those who committed
sexual assault released in fifteen states in 1994. The recidivism rate was only
5.3% for the critical first three years after release. Further, the study found that
the sex offender recidivism rate was almost 37% less than the non-sex offender
population for all crimes during that time frame.

Corey Yung, Sex Offender Exceptionalism and Prevention Detention, 101 J. Crim. L. &

Criminology 969, 974 (201 1). "Researchers conclude that long-term recidivism rates are lower

for sex offenders than for the general criminal population. Researchers also have argued that

offenders who receive specialized and intensive sex offender treatment have a significantly lower

rearrest rate than offenders who did not participate in treatment." Ctr. Sex Offender Mgmt.,

Office of Justice, DOJ, An Overview of Sex Offender Management (2002), available at



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http://www/csom.org/pubs/csom_bro.pdf. at p. 2.

Additionally, a sentence of 15 years would result in Mr. Orjuela's release in his late fifties
or sixties. "For years, research has consistently confirmed one fact: recidivism rates decline with
age." Barred Forever, at 346. The "aging effect" exists regardless of any other factors. Id.

The Court should also consider that, under a fifteen-year sentence, Mr. Orjuela will have
the benefit of many years of sex offender treatment prior to his release. As noted in the
Department of Justice Myths and Facts publication, "[treatment programs can contribute to
community safety because those who attend and cooperate with program conditions are less
likely to re-offend that those who reject intervention." Myth and Facts at 5. "Research
demonstrates that observed recidivism rates for sexual, violent, and non-violent crimes are lower
when sex offenders receive appropriate interventions, such as proper supervision and treatment."
DO J Publication, The Comprehensive Approach to Sex Offender Management, 1-2 (2008),
available at http://www.csom.org/pubs/Comp_Approach_Brief.pdf. "Treatment is an essential
component of a comprehensive sex offender management system. The primary goal of sex
offender treatment is to assist individuals to develop the necessary skills and techniques that will
prevent them from engaging in sexually abusive and other harmful behaviors in the future, and
lead productive and prosocial lives." Id. at 5.

Fortunately, as also set forth in the government's sentencing memorandum, Gov't Mem.

at 18, a number of federal correctional institutions now offer a comprehensive sex offender

treatment program. Each of these institutions offers a

voluntary, residential therapeutic program that employs cognitive-behavioral and
relapse prevention techniques to treat and manage male sexual offenders. The
primary of the [Sex Offender Treatment Program ("SOTP")] is to help offenders

14



Case l:12-cr-00281-ESH Document 40 Filed 03/02/14 Page 15 of 21



manage their sexual deviance in an effort to reduce sexual recidivism. The
treatment program encourages its participants to change their criminal lifestyle
and become honest, responsible, and law-abiding citizens with effective self-
control skills.

Statement of Andres E. Hernandez, former Director of Sexual Treatment Program at FCI Butner,
NC, September 26, 2006 at 1-2. In his statement, Dr. Hernandez also reports that "there is a
growing body of scientific literature suggesting that treatment is effective in reducing the risk of
recidivism." Id. at 6. Thus, there is very good reason to believe that over years of treatment, Mr.
Orjuela will be able to put his sickness behind him and gain control over the impulses that have
largely destroyed his life.

The reality is that persons with pedophilia can be treated and supervised to minimize the
recidivism risk. Sex offender treatment has demonstrated that cognitive-behavioral therapy is
very useful in helping offenders learn to control their propensities. See e.g. Ward, Gannon, and
Yates, The Treatment of Offenders: Current Practice and New Development with an Emphasis
on Sex Offenders, 15 IntT Rev. Victimology 183, 192-93 (2008); Aos, Miller and Drake,
Washington State Institute for Public Policy, Evidence Based Adult Corrections Programs: What
Works and What Does Not 5-6 (2006) (concluding after review of six rigorous studies that
"cognitive-behavioral therapy for sex offenders on probation significantly reduces recidivism")

In short, Mr. Orjuela 's lack of a criminal record, age, strong family support, and
education, as well as his amenability to sex offender treatment, strongly support the conclusion
that he is unlikely to re-offend with appropriate supervision. A sentence of 15 years followed by
a very substantial term of supervised release with appropriate conditions is more than sufficient
to ensure that he does not recidivate.



15



Case l:12-cr-00281-ESH Document 40 Filed 03/02/14 Page 16 of 21



D. The Requested Sentence Avoids Unwarranted Disparities.

Sentencing courts must consider the "need to avoid unwarranted sentence disparities
among defendants with similar records who have been found guilty of similar conduct." 18
U.S.C. � 3553(a)(6). Whether any difference among sentences is warranted or unwarranted
depends on the individual circumstances of each case and their relationship to the purposes of
sentencing. "Unwarranted disparity is defined as different treatment of individual offenders who
are similar in relevant ways, or similar treatment of individual offenders who differ in
characteristics that are relevant to the purposes of sentencing." U.S. Sent'g Comm'n, Fifteen
Years of Guidelines Sentencing: An Assessment of How Well the Federal Criminal Justice
System Is Achieving the Goals of Sentencing Reform at 1 13 (2004).

As the following cases demonstrate, even if a case involves allegations of sexual contact
and/or the production of child pornography, as this one does, the sentences do not often exceed
15 years (followed by lifetime supervised release). See, e.g., United States v. Hanlon, Cr. No.
13-cr-283 (GK) (defendant enticed numerous underage females to create pornography and send
to him, traveled to meet someone he believed to be under age for purposes of engaging in illicit
sexual conduct, pleaded guilty to receipt of child pornography and sentenced to 96 months);
United States v. Cody Wolfe, Cr. No. 10-093 (CKK) (defendant who distributed pornographic
pictures he took of his sister and engaged in illicit chat with undercover officer, sentenced to 24
months); United States v. Byron Sanchez, Cr. No. 1 1-093 (RBW) (defendant who produced or
caused to be produced, child pornography of his daughter, sentenced to 72 months for receipt of
child pornography); United States v. Brandon Rock, Cr. No. 1 1-376 (RMC) (defendant who
produced pornographic pictures he secretly took of his stepdaughter via a hidden camera and

16



Case l:12-cr-00281-ESH Documents Filed 03/02/14 Page 17 of 21



distributed them, sentenced to 172 months).

The defense respectfully submits that a sentence of more than 15 years would cause
disparity with other sentences. A sentence substantially longer than 180 months would exceed
the sentences from cases involving worse conduct than that seen here. See e.g. United States v.
Tanner Stickney, Cr. No. 09-cr-152 (HHK) (defendant who filmed himself raping a 4-year old
child, distributed film, and attempted to set up a second encounter sentenced to 15 years (case
also involved cooperation)); United States v. Kenneth Drew, Cr. No. 12-cr-01 (RLW) (defendant
who pretended to be a young man, stalked 14 year old, and according to victim repeatedly forced
her to engage in oral sex against her will after threatening to circulate alleged naked photos of her
if she refused, sentenced to 84 months); United States v. Robert Henry, Cr. No. 12-cr-280 (BAH)
(defendant who traveled with intent to engage in illicit sexual contact with very young child and
according to victims had prior sexual contact with multiple actual child victims, sentenced to 135
months); United States v. James Brown, Cr. No. 12-155 (RJL) (defendant who distributed child
pornography and arranged to meet to engage in sexual contact with a 12 year old and who was
under investigation for sexual abuse of his grandchildren and was accused of sexual abuse of his
own daughter (both of which he conceded the government could prove) sentenced to 144
months); United States v. Harold Reynolds, Cr. No. 09-1 17 (JR) (defendant who distributed child
pornography and admitted he had previously abused and molested his daughter on at least two
occasions, sentenced to 121 months); United States v. Mariana Quigley, Cr. No. 09-182 (RMU)
(defendant who produced picture of her own naked 6-year-old son and distributed it as well as
other appalling child pornography sentenced to 15-year mandatory minimum for production of
child pornography); United States v. Gregory Loreng, Cr. No. 12-132 (JDB) (defendant who

17



Case l:12-cr-00281-ESH Document 40 Filed 03/02/14 Page 18 of 21



possessed and distributed child pornography and had previously abused his adopted sister over
multiple years, sentenced to 96 months). In a particularly egregious case where the defendant
had sexually abused his 10 year-old daughter over the course of three years, photographing and
uploading pictures of the abuse, a defendant was sentenced to 300 months. United States v.
McKinley Hunt, Cr. No. 09-241 (EGS). Similarly, in a case where the defendant engaged in an
online chat and distributed child pornography while on release in a case for repeatedly sexually
abusing his stepdaughter, he was sentenced to 200 months. United States v. Lonnie Newhouse,
Cr. No. 12-072 (BAH). In the context of the sentences for these cases, a sentence of 180 months
is sufficient but not greater than necessary to meet the sentencing needs identified by statute.
E. Mr. Orjuela's Objections to the PSR.

As noted, while Mr. Orjuela admits all conduct set forth in the factual proffer in this case,
Mr. Orjuela maintains the objections to the PSR listed on pages 28-29 of the PSR. Based on
recent conversations with government counsel, it is unclear whether the government will seek for
the Court to make findings in the objected- to areas.

District courts are required to "subject[] the defendant's sentence to the thorough
adversarial testing contemplated by federal sentencing procedure." Rita v. United States, 551
U.S. 338, 351 (2007) (citing Fed. R. Crim. P. 32(f), (h), (i)(l)(C), (i)(l)(D) and Burns v. United
States, 501 U.S. 129, 136 (1991)). A central purpose of Rule 32 is to safeguard a defendant's
right to due process at sentencing. See United States v. McCants, 434 F.3d 557, 561-62 (D.C.
Cir. 2006) (Rule 32 "serves more than . . . purely ministerial function[s]" but rather "protects a
defendant's due process rights to be sentenced on the basis of accurate information, and
facilitates appellate review by furnishing a clear record of the resolution of disputed facts."

18



Case l:12-cr-00281-ESH Documents Filed 03/02/14 Page 19 of 21



(quoting United States v. Graham, 83 F.3d 1466, 1477 (D.C. Cir. 1996)).

Under Rule 32(c)(2)(3), the Court "must-for any disputed portion of the presentence
report or other controverted matter-rule on the dispute or determine that a ruling is unnecessary
either because the matter will not affect sentencing, or because the court will not consider the
matter in sentencing." Fed. R. Crim. P. 32(c)(3)(B). Thus, to the extent the Court will consider
the objected-to portions of the PSR's account of the offense conduct in determining Mr.
Orjuela's sentence, the defense renews its objection, as neither the government nor the Probation
Office has established the allegations objected to by Mr. Orjuela even under a preponderance of
the evidence standard. Thus, to consider such allegations in determining Mr. Orjuela's sentence
would violate his right to due process. See United States v. Lemon, 723 F.2d 922, 933 (D.C. Cir.
1983) (under the Due Process Clause, "a sentence may not be based on 'improper or inaccurate
information'" (quoting Dorsyznski v. United States, 418 U.S. 424, 431 n.7 (1974))); see also
Stewart v. Erwin, 503 F.3d 488, 491 (6th Cir. 2007) (holding that it is "clearly established" that
the Due Process Clause "protect[s] against a trial court's reliance on materially false information
at sentencing"); United States v. Curran, 926 F.2d 59, 61 (1st Cir. 1991) ("It is well settled . . .
that a defendant has a due process right to be sentenced upon information which is not false or
materially incorrect.").

* * *

Since the Guidelines became advisory, this Court may "dispense mercy on the basis of
factors too intangible to write into a statute." Gregg v. Georgia, 428 U.S. 153, 222 (1976)
(White, J., concurring in judgment). As set forth in the factual proffer, this case features
deplorable conduct. But the question here is whether the Court should unnecessarily discard Mr.

19



Case l:12-cr-00281-ESH Document 40 Filed 03/02/14 Page 20 of 21



Orjuela's life as the government requests, and in the process deny him any benefit whatsoever for
his plea, which has been very valuable to all parties involved.

The defense respectfully submits that this case does not call for such a draconian
sentence. Mr. Orjuela's age, his lack of any prior criminal convictions, his employment history,
his remorse for his actions, his amenability to treatment, and his acceptance of responsibility all
militate against such a sentence. Instead, consistent with 18 U.S.C. � 3553(a)(1), the Court
should sentence Mr. Orjuela to 15 years' imprisonment. Within that time period, Mr. Orjuela
will obtain extensive treatment for his sickness such that he will pose no danger upon his release
from incarceration. He should then serve a very substantial period of supervised release that
includes, inter alia, continued sex offender treatment and registration.



20



Case l:12-cr-00281-ESH Document 40 Filed 03/02/14 Page 21 of 21



CONCLUSION

WHEREFORE, this Memorandum is submitted for this Court's consideration and to

encourage the Court to sentence Mr. Orjuela to a sentence of no greater than 180 months'

imprisonment, plus a substantial term of supervised release.

Respectfully submitted,

A.J. Kramer

Federal Public Defender



/S/

Jonathan S. Jeffress
Counsel for Hector Orjuela
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Washington, D.C. 20004
(202) 208-7500, ex. 134



21



Filed: 03/06/2014
EnteredmiQlllOU



Sentencing



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Sentencing held on
3/6/2014 as to HECTOR ORJUELA, JR. (1). Counts 1 and 2 in l:12-cr-281: Defendant
sentenced to Fifteen (15) years incarceration on each of Counts 1 and 2 to run
concurrently with each other and consecutively to the sentence imposed in l:13-cr-
193. Lifetime term on Supervised Release imposed. $200.00 Special Assessment
imposed. Count 1 in l:13-cr-193: Defendant sentenced to Fifteen (15) years
incarceration on Count 1. Lifetime term of Supervised Release imposed. $100.00
Special Assessment imposed. Bond Status of Defendant: Defendant committed.
Commitment issued.; Court Reporter: Vicki Eastvold; Defense Attorney: Jonathan
Jeffress; US Attorneys: MiYung Park and Sarah Chang; Prob Officer: Kelli Willett;
Interpreters: Lily Olm and Chari Voss. (zmm, )



Case l:12-cr-00281-ESH Document 46 Filed 03/10/14 Page 1 of 6



A0 245B (Rev 09/1 1) Judgment in a Criminal Case
Sheet 1



United States District Court

District of Columbia



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA, JR.



THE DEFENDANT:

[^pleaded guilty to count(s) land 2 of the Indictment



JUDGMENT IN A CRIMINAL CASE

FILED

Case Number: 12-281 (ESH) MAR 1 2014

USM Number- 43267-424 „ Clerk> U.S. District & Bankruptcy
u&MJNumoer. 4ozo/-^4 courts for the District of Columbia

Jonathan Jeffress, Assistant Federal Public Defender

Defendant's Attorney



□ pleaded nolo contendere to count(s)
which was accepted by the court.

□ was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:



Title & Section



Nature of Offense



Offense Ended



Count



and (e)



The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.

□ The defendant has been found not guilty on count(s)



of this judgment. The sentence is imposed pursuant to



□ Count(s)



□ is □ are dismissed on the motion of the United States.



It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

3/6/2014



Date of Imposition of Judgment



Signature of Judge



Ellen Segal Huvelle, U. S. District Judge



Name and Title of Judge/
Date J / /



Case l:12-cr-00281-ESH Document 46 Filed 03/10/14 Page 2 of 6



AO 245B (Rev. 09/1 1) Judgment in Criminal Case
Sheet 2 — Imprisonment



Judgment — Page



2



of



6



DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)



IMPRISONMENT



The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:

Fifteen (15) years on each of Counts 1 and 2 to run concurrently with each other and consecutive to the sentence imposed in
1:13-cr-193.

ffi The court makes the following recommendations to the Bureau of Prisons:

Incarceration at one of the following facilities which are listed in order of preference: 1) FMC Devens, MA; 2) F.C.I. Elkton,
OH; 3) F.C.C. Butner, NC

$ The defendant is remanded to the custody of the United States Marshal.

□ The defendant shall surrender to the United States Marshal for this district:

□ at □ a.m. □ p.m. on .

□ as notified by the United States Marshal.

□ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

□ before 2 p.m. on

□ as notified by the United States Marshal.

□ as notified by the Probation or Pretrial Services Office.



RETURN



I have



executed this judgment as follows:



Defendant delivered on



to



a



, with a certified copy of this judgment.



UNITED STATES MARSHAL



By



DEPUTY UNITED STATES MARSHAL



Case l:12-cr-00281-ESH Document 46 Filed 03/10/14 Page 3 of 6



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 3 — Supervised Release



Judgment — Page o of

DEFENDANT: HECTOR ORJUELA, JR.



CASE NUMBER: 12-281 (ESH)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :
Life.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the
custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests
thereafter, as determined by the court.

□ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of
future substance abuse. (Check, if applicable )

$ The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
$ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

i-y The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. � 16901, et seq.)
^ as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides,
works, is a student, or was convicted of a qualifying offense. (Check, if applicable )

□ The defendant shall participate in an approved program for domestic violence. (Check if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions
on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy -two hours of being arrested or questioned by a law enforcement officer;

12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the
permission of the court; and

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal
record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant s compliance with such notification requirement.



Case l:12-cr-00281-ESH Document 46 Filed 03/10/14 Page 4 of 6



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 3A — Supervised Release

_ Judgment — Page 4 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)

ADDITIONAL SUPERVISED RELEASE TERMS

The defendant shall pay a $200.00 special assessment which is immediately payable to the Clerk of the Court for the U. S.
District Court, District of Columbia. Within 30 days of any change of address, the defendant shall notify the Clerk of the
Court of the change until such time as the financial obligation is paid in full.

The Court finds that the defendant does not have the ability to pay a fine and, therefore, waives imposition of a fine in this
case.

Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which
he is released. While on supervision, the defendant shall submit to collection of DNA, shall not possess a firearm or other
dangerous weapon, shall not use or possess an illegal controlled substance, and shall not commit another federal, state,
or local crime. The defendant shall also abide by the general conditions of supervision adopted by the U. S. Probation
Office, as well as the following special conditions:

Sex Offender Registration - The defendant shall comply with the Sex Offender Registration requirements for convicted sex
offenders in any state or jurisdiction where he resides, is employed, carries on a vocation, or is a student.

Computer/Internet Restriction - The defendant shall not possess or use a computer for personal use, or have access to
any online service for non-employment related purposes, without the prior approval of the United States Probation Office.
The defendant shall identify all computer systems, internet capable devices, and similar memory and electronic devices to
which he has access, and allow installation of a computer and internet monitoring program.

Contact Restriction - The defendant shall have no direct and/or unsupervised contact with minors under the age of 18,
without the written approval of the United States Probation Office. Further, the defendant shall have no contact, written,
verbal, via the internet, or face-to-face with any of the named victims in this case, or their immediate families.

Employment/Volunteer Restriction - The defendant shall not be employed in any capacity, or participate in any volunteer
activity, which may cause him to come in direct and/or unsupervised contact with children, except under circumstances
approved in advance by the United States Probation Office.

Search - Pursuant to the Adam Walsh Child Protection and Safety Act of 2006, the defendant shall submit to a search of
his person, property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices
or media, and effects at any time, with or without a warrant, by any law enforcement or probation officer with reasonable
suspicion concerning unlawful conduct or a violation of a condition of supervision.

Sex Offender Assessment and Treatment - The defendant shall participate in a program of sex offender assessment and
treatment, as directed by the United States Probation Office. At the direction of the United States Probation Office, the
defendant shall pay for all or a portion of any treatment program. The defendant shall waive his right of confidentiality in
treatment and sign any necessary releases for any records imposed as a consequence of this Judgment to allow the
United States Probation Office to review his course of treatment and progress with the treatment provider(s).

Residential Restriction - The defendant shall have all residences pre-approved by the United States Probation Office. The
defendant shall not reside in a residence where minor children also reside without the permission of the United States
Probation Office.



.0245B (Rev. 09/ii) Judg n @ E te e cjn(ji#<Bpe00281-ESH Document 46 Filed 03/10/14 Page 5 of 6

Sheet 5 — Criminal Monetary Penalties



Judgment — Page b of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution

TOTALS $ 200.00 $ 0.00 $ 0.00

8f The determination of restitution will be made within 90 days �An Amended Judgment in a Criminal Case(A0245C) will be entered
after such determination.

□ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. � 3664(i), all nonfederal victims must be paid
before the United States is paid.



Name of Payee Total Loss* Restitution Ordered Priority or Percentage





□ Restitution amount ordered pursuant to plea agreement $

D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. � 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. � 3612(g).

□ The court determined that the defendant does not have the ability to pay interest and it is ordered that:

□ the interest requirement is waived for the □ fine □ restitution.

□ the interest requirement for the □ fine □ restitution is modified as follows:



* Findings for the total amount oflosses are required under Chapters 109A, 110, 110A,and 113AofTitle 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.



Case l:12-cr-00281-ESH Document 46 Filed 03/10/14 Page 6 of 6

AO 245B (Rev 09/11) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 6 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)



SCHEDULE OF PAYMENTS



Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A □ Lump sum payment of $ due immediately, balance due

□ not later than , or

□ in accordance DC, □ D, □ E, or □ F below; or

B □ Payment to begin immediately (may be combined with □ C, □ D, or □ F below); or

C □ Payment in equal (e.g , weekly, monthly, quarterly) installments of $ over a period of

(e g , months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D □ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E □ Payment during the term of supervised release will commence within (e.g , 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F ^ Special instructions regarding the payment of criminal monetary penalties:
See pages 4 and 5 of this Judgment.



Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial
Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.



□ Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.



□ The defendant shall pay the cost of prosecution.

□ The defendant shall pay the following court cost(s):

□ The defendant shall forfeit the defendant's interest in the following property to the United States:



Payments shall be applied in the following order: (I) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.



Filed: 03/11/2014
Enteredmi\2l20\4



O Statement of Reasons



Full docket text for document 47:

STATEMENT OF REASONS as to HECTOR ORJUELA, JR. re [46] Judgment Not for public
disclosure per Judicial Conference Policy. Signed by Judge Ellen S. Huvelle on
3/7/2014. (zdr)



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 1 of 16



APPEAL,CAT B, CLOSED

U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1 :12-cr-00281-ESH -1



Case title: USA v. ORJUELA

Magistrate judge case number: 1 : 12-mj-00955-JMF

* SEALED*



Date Filed: 12/20/2012



Assigned to: Judge Ellen S.
Huvelle



Defendant (1)

HECTOR ORJUELA, JR. represented by HECTOR ORJUELA, JR.

DCDC337-102
DC JAIL
SE2 Cell 69
1901 D Street, SE
Washington, DC 20003
PRO SE

Jonathan Jeffress

FEDERAL PUBLIC DEFENDER FOR D.C
625 Indiana Avenue, NW
Suite 550

Washington, DC 20004

(202) 208-7500

Fax: (202) 208-7515

Email: jonathan jeffress@fd.org

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Public Defender or Community

Defender Appointment

Luiz Robert Simmons

Law Offices Luiz Simmons
8613 Cedar Street
Silver Spring, MD 20910
(301) 589-8844
Fax: 301-589-7343
Email: luizlaw @ aol. com
TERMINATED: 07/03/2013
Designation: Retained

Tony W. Miles

FEDERAL PUBLIC DEFENDER FOR D.C
625 Indiana Avenue, NW

1



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 2 of 16



Highest Offense Level (Opening)

Felony



Highest Offense Level
(Terminated)

None



Suite 550

Washington, DC 20004

(202) 208-7500

Fax: (202) 208-7515

Email: tony miles@fd.org

TERMINATED: 02/11/2013

Designation: Public Defender or Community

Defender Appointment



Pending Counts

18:2423(c) and (e); COERCION
OR ENTICEMENT OF MINOR
FEMALE; Engaging in Illicit
Sexual Conduct in Foreign Places.
(1-2)



Disposition

Defendant sentenced to Fifteen (15) years
incarceration on each of Counts 1 and 2 in Case No.
l:12-cr-281 to run concurrently and consecutively
to the sentence imposed in l:13-cr-193. Lifetime
term on Supervised Release imposed. $200.00
Special Assessment imposed.



Terminated Counts

None



Disposition



Complaints

COMPLAINT In Violation of:
18:2423(c)



Disposition



Plaintiff

USA



represented by Julieanne Himelstein

U.S. ATTORNEY OFFICE
Judiciary Center Building
555 Fourth Street, NW
10th Floor

Washington, DC 20001

(202) 252-7726

Fax: (202) 305-8537

Email: julieanne.himelstein @ usdoj . gov

TERMINATED: 02/11/2013

LEAD ATTORNEY

ATTORNEY TO BE NOTICED



2



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 3 of 16



MiYung Claire Park

U.S. DEPARTMENT OF JUSTICE
Criminal Division/Child Exploitation
Section

1400 New York Avenue, NW
Suite 600

Washington, DC 20005
(202) 616-2780
Fax: (202)514-1793
Email: miyung.park@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sarah Chang

U.S. DEPARTMENT OF JUSTICE
Criminal Division
1400 New York Avenue, NW
Suite 600

Washington, DC 20005
(202) 353-4979
Email: sarah.chang@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED



Date Filed


#


Page


Docket Text


12/06/2012


1




COMPLAINT as to HECTOR ORJUELA, JR (1). (Attachments: #1
Affidavit) (zmac) [l:12-mj-00955-JMF *SEALED*] (Entered: 12/07/2012)


12/20/2012






Case unsealed at the magistrate level as to HECTOR ORJUELA, JR. (mlp)
(Entered: 12/21/2012)


12/20/2012


2




INDICTMENT as to HECTOR ORJUELA, JR. (1) counts 1-2.
(FORFEITURE ALLEGATION) (mlp) (Entered: 12/21/2012)


02/06/2013






Arrest of HECTOR ORJUELA, JR. (kk) (Entered: 02/07/2013)


02/06/2013


3




Arrest Warrant, dated 12/6/12, returned executed on 2/6/13 as to HECTOR
ORJUELA, JR. (kk) (Entered: 02/07/2013)


02/06/2013


4




Arrest Warrant, dated 12/20/12, returned executed on 2/6/13 as to HECTOR
ORJUELA, JR. (kk) (Entered: 02/07/2013)


02/06/2013






ORAL MOTION by Defendant HECTOR ORJUELA, JR. to Appoint Counsel
on an Interim Basis, (kk) (Entered: 02/07/2013)


02/06/2013






ORAL MOTION by USA for Temporary Detention for Defendant HECTOR
ORJUELA, JR. (3-day hold request), (kk) (Entered: 02/07/2013)


02/06/2013






Minute Entry for Initial Appearance and Arraignment as to HECTOR
ORJUELA, JR. held before Magistrate Judge Alan Kay on 2/6/13 : The
defendant intends to retain counsel. Oral Motion by HECTOR ORJUELA, JR.
to Appoint Counsel on an Interim Basis, heard and granted. Assistant Federal
Public Defender, Tony W. Miles, appointed to represent the defendant until
counsel has been retained. Plea of Not Guilty entered by HECTOR



3



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 4 of 16









ORJUELA, JR. to Counts 1-2. Oral Motion by USA for Temporary Detention
for the defendant, (3-day hold request), heard and granted. Detention Hearing
set for 2/11/13 at 1:30 PM in Courtroom 4 before Magistrate Judge Deborah
A. Robinson. Counsel directed to contact Judge Huvelle's courtroom deputy to
schedule the time for the status hearing to be held on 2/14/13. Bond Status of
Defendant: Defendant Held Without Bond. Defendant committed/commitment
issued. Court Reporter: Bowles Reporting Service - Ctrm. 7. Defense
Attorney: Tony Miles; Govt. Attorney: Ari Redbord for Sarah Chang; Pretrial
Officer- Saul Atencin dele"! (Entered- 02/07/201 3 s )


02/07/2013






NOTICE OF HEARING as to HECTOR ORJUELA, JR: Status Conference
set for 2/14/2013 at 2:00 PM in Courtroom 23A before Judge Ellen S.
Hnvelle Odfl (Entered- 02/07/201 3")


02/07/2013






Set/Reset Hearings as to HECTOR ORJUELA, JR. : Status Conference set for
2/14/13 at 2:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (kk)
CFntered- 02/07/201 3 s !


02/08/2013


5




NOTICE OF ATTORNEY APPEARANCE MiYung Claire Park appearing
for USA. (Park, MiYung) (Main Document 5 replaced on 2/1 1/2013) (dr)
CFntered- 02/08/2013")


02/08/2013


6




NOTICE OF ATTORNEY APPEARANCE Sarah Chang appearing for USA.

( f^hano" Sarnh^ flVFniTi T^ncnmpnt f\ rpnlappH on 9/11 /901 ( (\v\ fPntprprl*

\ V^llClllEi} O CU Cl 1 1 1 \ IVACllll v'^UlllL_.]ll \J 1 L_/ 1 / 1 clk^ L_- V_l v '1 1 A 1 / Z_ V./ 1 , " 1 \ V.1 1 1 1 1 > 1 1 Ws 1 L. LI .

02/08/2013)


02/08/2013


7




MOTTON for Protective Order hv TISA as to HFCTOR ORTTIFI A TR
(Attachments: #J_ Proposed Order)(Park, MiYung) (Entered: 02/08/2013)


02/1 1/2013


8

O




NOTTCE OF ATTORNFY APPFARANCF- T 1117 Rnhert Simmnns annearincr

1 > \.J 1 1 v.- i—i KJL C\ 1 A V_7AN.1^IA-/ A /\ 1 I L/ /\ 1 X. 1\ 1 > 1— / . A-/UAZj IVUUtll OAAA1AA1U113 tlL/L/ttll A11H

for HECTOR ORJUELA, JR (Simmons, Luiz) (Entered: 02/11/2013)


02/1 1/2013






Attrvrnpv linnntp in pacp nc to T-TPi^TOR OR TT TT-^T A TR • Attrvrnpv Tnlipannp

^VllVJAllt V LlULltllL. All Ldi)^ ai) WJ 11L/V 1 V/l\ W 1 NJ LJ � JAN.. . ^VLUJAllty J LI 1 1CT til 11 1L.

Himelstein terminated for USA. (kk) (Entered: 02/11/2013)


02/11/2013






ORAL MOTION by USA to Commit Defendant HECTOR ORJUELA, JR. to
the Custody of the U.S. Attorney General, (kk) (Entered: 02/11/2013)


02/11/2013






Minute Entry for Detention Hearing as to HECTOR ORJUELA, JR. held
before Magistrate Judge Deborah A. Robinson on 2/1 1/13 : Oral Motion by
USA to Commit Defendant to the Custody of the U.S. Attorney General, heard
and granted. Pretrial Detention Ordered. Status Hearing remains set before
Judge Ellen S. Huvelle on 2/14/13 at 2:00 PM in Courtroom 23A. Bond Status
of Defendant: Defendant committed/commitment issued. [Medical Health
Alert issued to the D.C Department of Corrections Medical Unit.] Court
Reporter: Bowles Reporting Service - Ctrm. 4. Defense Attorney: Luiz

Simmon*;' F)OT Attnrnpv^- lVFiviint* Parle and Sarah (^hano" CFntprpd-

02/11/2013)


02/11/2013


9




PROTECTIVE ORDER as to defendant HECTOR ORJUELA, JR (Signed by
Judge Ellen S Huvelle on 2/8/201 3") (t\) (Entered- 02/1 1/2013)


02/13/2013


10




DETENTION MEMORANDUM as to HECTOR ORJUELA, JR Signed by
Magistrate Judge Deborah A. Robinson on February 13, 2013, Nun Pro Tunc
2/11/13. (Icdar3) Modified on 2/21/2013 (lm, ). (Entered: 02/13/2013)



4



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 5 of 16



02/13/2013






NOTICE OF HEARING as to HECTOR ORJUELA, JRStatus Conference
reset for 2/22/2013 at 9:45 AM in Courtroom 23A before Judge Ellen S.
Huvelle. (gdf) (Entered: 02/13/2013)


02/22/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 2/22/2013. Speedy Trial
time waived from 2/22/13 until 3/12/13, in the interest of justice. Status
Conference set for 3/12/2013 09:30 AM in Courtroom 23A before Judge Ellen
S. Huvelle. Motions due by 3/22/2013. Responses due by 4/2/2013. Jury Trial
set for 4/29/2013 at 9:30 AM in Courtroom 23A before Judge Ellen S.
Huvelle. Bond Status of Defendant: Committed/Commitment Issued; Court

IvCpUI LCI . V Jj/dSLVUlU, UCICI1SC /\LLOIIlCy. J-/U1Z IV. olIIIIIIOIlS, Uo /\LLOIIlCy.

Sarah Chang, (gdf) (Entered: 02/22/2013)


03/11/2013


u




Joint MOTION to Continue Trial and Motion Dates by USA as to HECTOR
ORJUELA, JR. (Park, MiYung) (Entered: 03/11/2013)


03/12/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 3/12/2013. Speedy Trial
time waived from 3/12/13 until 4/24/13, in the interest of justice. Granting 11
Motion to Continue as to HECTOR ORJUELA JR. (1). Status Conference set
for 4/24/2013 at 9:30 AM in Courtroom 23A before Judge Ellen S. Huvelle.
Jury Trial set for 6/10/2013 at 9:30 AM in Courtroom 23A before Judge Ellen
S. Huvelle., Bond Status of Defendant: Committed/Commitment Issued; Court

rvCUUI LCI . V ICJVl H/d.sLVUlLl, I_^CICIlaC r\LLUIIlCy. L/UIZ IV. OllIIlIIUIlS , Uo .rVLLUIUCy.

Sarah Chang and MiYung C. Park, (gdf) (Entered: 03/12/2013)


(Yin 9/901 ^






Tprminatp DpnHlinpc nnH T-T^nrinac tn HPfTDR OR TT TFT A TR • ( <rr\f\
1 CIlIIlIlaLC I_^CaU.IlIlCs dilLl nCallllga aa LU n LLv, 1 VJ i\ VJ I\ J HjL^rA, J I\ . ^gU.1^

(Entered: 03/12/2013)


04/23/2013


12




Joint MOTION to Vacate Trial Date by HECTOR ORJUELA, JR. (Simmons,
Luiz) Modified on 4/24/2013 to edit event (dr). (Entered: 04/23/2013)


04/24/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 4/24/2013. Speedy Trial
Time waived from 4/24/13 until 5/23/13, to consider plea and Rule 20 papers.
Granting!! Motion to Vacate Trial Date as to HECTOR ORJUELA JR. (1).
Status Conference set for 5/23/2013 at 1 1:00 AM in Courtroom 23A before
Judge Ellen S. Huvelle. Bond Status of Defendant: Committed/Commitment

1SSLICU, v^OLIIL IvCpUI LCI . V 1CK1 CdSLVOlU, UCICI1SC /\LLOIIlCy. I_,LI1Z IV. olIIIIIIOIlS,

US Attorney: MiYung C. Park and Sarah Chang, (gdf) (Entered: 04/24/2013)








ORFtFT? PDR RnTTTTNTP PRnPFSSTNFn ac tn HFrTflR OT? TT TFT A TT?

Signed by Judge Ellen S. Huvelle on 4/24/13. (gdf) (Entered: 04/24/2013)


05/21/2013


14




Consent MOTION to Continue by HECTOR ORJUELA, JR. (Simmons, Luiz)
(Entered: 05/21/2013)


05/22/2013






MINUTE ORDER granting 14 Joint Motion to Continue Status Hearing as to
HECTOR ORJUELA JR. (1). The Status Conference, currently set for
5/23/2013, is hereby VACATED and reset to 6/10/2013 @ 12:00 noon in
Courtroom 23A. The Court finds that the ends of justice served outweigh the
best interests of the public and the defendant in a speedy trial, and therefore,
Speedy Trial is tolled from 5/22/2013 through 6/10/2013. Signed by Judge
Ellen S. Huvelle on 5/22/2013. (zmm, ) (Entered: 05/22/2013)



5



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 6 of 16



05/22/2013






Set/Reset Hearings as to HECTOR ORJUELA, JR:Status Conference set for

6/10/901^? (a) 19-00 nnnn in Pniirtrnnm 9^A hpfnrp TiiHap Fllpn <\ T-Tiiw11f>

0/ iu/zuij> vtf iz.uu iiuuii in v^uuiliuuiii ueioie j uuge ijiieii o. nuveiie.
(zmm, ) (Entered: 05/22/2013)


UD/UD/ZU1 J


i <

u




A/fOTTfYPsJ Pr�ntinn^ Ktntuv T-Tanrina hv T T<5 A \c\ MFPTOR OR TT TFT A TR
IVll^lll^lN LU v^UIlLlIlLLt OLCILUS rLtZLiriflg Uy UO/\ aS LU n LLv^ 1 VJYK UCLA, J fx .

(Park, MiYung) (Entered: 06/06/2013)


06/06/2013


16




NOTICE of Proposed Order by USA as to HECTOR ORJUELA, JR reJ5
MOTION to Continue Status Hearing (Park, MiYung) (Entered: 06/06/2013)


06/07/2013


12




ORDER grantingJJ. Joint Motion to Continue Status Hearing as to HECTOR
ORJUELA JR., resetting status hearing for July 11, 2013, at 2:15 p.m., and

tr\ \ litifT >Tj-voor 4 /'i \ / Tt*i a l t rirm limp 111 tnnt"i l crh 1 1 i 1 "\ r 1 1 / 1 1 1 a \i rrn f^r\ n\i Turi itp

Lulling ouccciiy nidi nuiii juiic iu Liiuiugii j uiy 1 1, oigiicu. uy julihc
Ellen S. Huvelle on June 7, 2013. (AG) (Entered: 06/07/2013)


07/03/2013


18




NOTICE OF ATTORNEY APPEARANCE: Jonathan Jeffress appearing for

T-TFPTDR ORTTTFT A TT? fTpffrpcs TnnnthnrA (Vr\tprpr\- 0,7/0,^/901 T\
n CL 1 yj l\ VJ l\J CLn, Jrv ^JClliC&&, JUllalllall^ ^L/llLClcti. U / f\JDf ZU tj)


07/09/2013


19




LETTER Filed by HECTOR ORJUELA, JR. Dated 7/1/2013 Regarding
Appointment of New Counsel. "Let This be Filed" by Judge Ellen S. Huvelle
on 7/9/2013. (hsj, ) (Entered: 07/10/2013)


07/11/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 7/11/2013. Plea
Agreement Hearing set for 8/1/2013 @ 09:30 a.m. in Courtroom 23A before
Judge Ellen S. Huvelle. Speedy Trial tolled in the interests of justice from
7/11/2013 to 8/1/2013. Bond Status of Defendant: Committed. Commitment
issued.; Court Reporter: Vicki Eastvold; Defense Attorney: Jonathan Jeffress;

TT<\ AnVirnpv MiVnncr PnrV /7mm ^ (Vntp-rpA- 07/1 1/901 X\

uo r\iiuniey. ivii 1 uiig r oik. ^ziimi, j ^.cjiieieu. u// yyizajydj


07/15/2013


20




LETTER to Judge Huvelle regarding counsel by HECTOR ORJUELA, JR.;
j_/tL nils uc iiicu uy j uuge jj/iitii o. nuveiie on // 1 ji id. v zliii, ) v jjjilgigu.
07/19/2013)


07/9Q/901 ^






H>nrino-� TprminntpH tn HPfTOR ORTTTFT A TR • (\rW\ fFntprpH-
JTLCdllllHS 1 ClllllllalCU. ua LU n ELv^ 1 v^fx VJ i\J LJ I^L/v . J fx . ylCUj. ^JLYlllCICLl.

07/29/2013)


07/30/2013


21




Unopposed MOTION to Continue Plea Hearing by HECTOR ORJUELA, JR.

/Tpffrpss Tnnnthnn^ /FntprpH- 07/^0/901 X\
^JClllCss, JUllaLllall^ ^XZ/llLClCli. U / / D\Jf ZA) 1 D )


07/31/2013


22




ORDER granting_21 Unopposed Motion to Continue Plea Hearing as to
HECTOR ORJUELA JR. (1). Signed by Judge Ellen S. Huvelle on July 31,

901^ (VrhiA (VntprpA- 08/0^/901 1\

zui j. ^cuw ) ^xjiiieieu. uo/uj/zuij^


07/31/2013






Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Plea Agreement
Hearing reset for 9/12/2013 at 2:30 PM in Courtroom 23A before Judge Ellen
S. Huvelle. (cdw) (Entered: 08/05/2013)


09/10/2013






MINUTE ORDER as to HECTOR ORJUELA, JR: At the request of defense
counsel and with the consent of the government, the plea hearing currently set
for 9/12/2013 @ 2:30 p.m. is hereby rescheduled to 9/26/2013 @ 2:00 p.m. in
Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S.
Huvelle on y/lU/zUlj. (zmm, ) (tnterea: uy/lU/zUlo)


09/23/2013






NOTICE OF HEARING as to HECTOR ORJUELA, JR Plea Agreement
Hearing RESCHEDULED for 10/2/2013 at 2:00 PM in Courtroom 23A before



6



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 7 of 16









Tiid^e Fllen S Hnvelle (tcb) (Entered- DQ/23/2D1 3">


09/23/2013






Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Plea Agreement
Hearing reset for 10/2/2013 at 2:00 PM in Courtroom 8 before Judge Ellen S.
Huvelle. (cdw) (Entered: 09/23/2013)


10/02/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Plea
Agreement Hearing as to HECTOR ORJUELA, JR held on 10/2/2013. Plea of
guilty entered as to Counts 1 and 2. REFERRED TO PROBATION OFFICE
for Presentence Investigation Report. Sentencing set for 12/17/2013 @ 9:30
a.m. in Courtroom 23A before Judge Ellen S. Huvelle. Bond Status of
Defendant: Committed. Commitment issued.; Court Reporter: Vicki Eastvold;

Df^fpnQf^ Attrvrnpv Tnnnthnn Tpffr^cc* T T^l Attrvrn^vc* lvTi\^nno" Pat*V anH ^nrah

Chang, (zmm, ) (Entered: 10/03/2013)


10/02/2013

J. \JI z. vy j_ _7


23




WATVFR of Ripht to Trial hv Tnrv as to HFGTOR ORTTIFI A TR Annroved
by Judge Ellen S. Huvelle on 10/2/2013. (zmm, ) (Entered: 10/03/2013)


10/02/2013


24




PI FA AGRFFMFNT as to HFCTOR ORTTIFI A TR Omm (Entered-
10/03/2013)


10/02/2013


25




STATEMENT OF OFFENSE by USA as to HECTOR ORJUELA, JR (zmm, )
(Entered: 10/03/2013)


10/03/2013


26




SENTENCING SCHEDULING ORDER as to HECTOR ORJUELA, JR:
Sentencing set for 12/17/2013 @ 9:30 a.m. in Courtroom 23A before Judge

T-^llpn ^pcal l-Tnvpllf^ ^IkttipH hv TiiHop T-^llpn ^1 I-TiivpIIp c\y\ 10/^/^01^ ( 7 iti iti ^

(Entered: 10/03/2013)


10/29/2013


27




MOTION to Continue Sentencing by HECTOR ORJUELA, JR. (Jeffress,
Jonathan) (Entered: 10/29/2013)


10/29/2013






MINUTE ORDER granting^! Motion to Continue Sentencing as to HECTOR
ORJUELA JR. : Upon consideration of defendant's Motion to Continue
Sentencing Date, and for good cause shown, it is hereby ORDERED that the
motion is GRANTED; and it is further ORDERED that the sentencing hearing
is continued from December 17, 2013, until Wedneday, January 15, 2014, at
9:30 a.m. SO ORDERED. Signed by Judge Ellen S. Huvelle on October 29,
2013 (AG) (Entered- 10/29/201 3*1


10/29/2013






Set/Reset Hearing as to HECTOR ORJUELA, JR: Sentencing set for
1/15/2014, at 09:30 AM in Courtroom 23A before Judge Ellen S. Huvelle.
(tth) (Entered: 10/29/2013)


10/31/2013






MINUTE ORDER as to HECTOR ORJUELA, JR: In light of the change to
the date of the sentencing hearing, and with the consent of the parties, it is
hereby ORDERED that the Sentencing Scheduling Order is modified to
provide that (1) the presentence investigation report ("PSR") shall be disclosed
by 12/5/2013; (2) objections to the PSR are due by 12/19/2013; (3) the final
PSR is due by 1/2/2014; (4) the parties' sentencing memoranda are due by
1/7/2014; and (5) responses (if any) to sentencing memorandum are due by
12:00 p.m. (noon) on 1/10/2014. SO ORDERED. Signed by Judge Ellen S.
Huvelle on October 31, 2013. (AG) Modified on 11/1/2013 (zcdw). (Entered:
10/31/2013)


10/31/2013









Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 8 of 16









Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Objections to
the PSR due by 12/19/2013. Final PSR due by 1/2/2014. Sentencing

lV^pmnranH n Hup hv 1 11 10C\ 1 A. R PQnnn cpc tr\ ^pntpnn no Hup hv l/IO/^OIid.

IVltlllUl dllUCl L1LIL. Uy 1/ / / IT. L/Ulli5ti3 lv7 O tllltll^lllEi LlLll_ UV 1/ lU/^UlT.

(cdw) (Entered: 11/01/2013)


19/16/9013


9Q




RFSPDNSF hv ITS A as tn T-TFCTDR DRTTTFT A TR Gnvprnmpnt\ Ohiprtinns
to Presentence Investigation Report (Chang, Sarah) (Entered: 12/16/2013)


12/19/2013


30




Unopposed MOTION to Continue by HECTOR ORJUELA, JR. (Jeffress,
Jonathan) (Entered: 12/19/2013)


12/27/2013






MINUTE ORDER granting 30 Unopposed Motion to Continue Sentencing as
to HECTOR ORJUELA JR. (1). The Sentencing formerly set for 1/15/2014 is
reset to 2/27/2014 @ 3:00 p.m. Signed by Judge Ellen S. Huvelle on
12/27/2013 Omm WFntered- 1 2/27/201 3*1


12/27/2013






Set/Reset Hearings as to HECTOR ORJUELA, JR: Sentencing set for
2/27/2014 03:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm,
) (Entered: 12/27/2013)


01/02/2014






MINUTE ORDER as to HECTOR ORJUELA, JR: At the request of the
parties, the deadline for filing sentencing memoranda is extended to 2/13/2014
and responses (if any) to sentencing memoranda are due by 2/20/2014.

Sentenem o" i ti tVii *i pa<;e remains <;et for 9/97/9014 (d) 'VOO n m SkttipH hv

kJ LI 1 LCI 1 L 1 1 1 111 Llll.> L lCllltllll>> >iLL 1^1 _/ _ / / Z*\J 1^ vi- J.W l/.lll. vJli_llCLl UV

Judge Ellen S. Huvelle on 1/2/2014. (zmm, ) (Entered: 01/02/2014)


01/13/2014


31




Unopposed MOTION to Continue by HECTOR ORJUELA, JR. (Jeffress,
Jonathan) (Entered: 01/13/2014)


01/17/2014






MINUTE ORDER granting_31 Unopposed Motion to Continue Sentencing as
to HECTOR ORJUELA JR. (1). The sentencing currently scheduled for
2/27/2014 is reset to 3/6/2014 @ 9:45 a.m. Signed by Judge Ellen S. Huvelle
nn 1/17/9014 (Vmm ^ (Entered- 01/17/9014")


02/14/2014


33




Recommendation of PSI Report as to HECTOR ORJUELA, JR. rej?2 Final

Prp^pntpnpp TnvpQti (ration Rpnrvrt Not for nnhlif* rli^plrwnrp r>pr Tnrhpial

Conference Policy. (Shaffer, Brian) (Entered: 02/14/2014)


02/14/2014


34




SFNTFNrTNfl MFMOR ANDTIM hv TISA as tn HFCTOR ORTITFI A TR
(Chang, Sarah) (Entered: 02/14/2014)


02/26/2014


39




NOTICE of Filing (Sentencing Letters) by HECTOR ORJUELA, JR

fAtraphmenK- # 1 FYhihirVTeffress Jonathan"! fFntereH- 09/9fS/901 4*1

V^/^Lld^llllltllLi}. TT 1 LfAlllUlL l\ J t^lll^aa. JVJILCXLLICXILJ yi— fllll_.l&U* Ui/ iU/Z.l/1^


03/02/2014


40




SENTENCING MEMORANDUM by HECTOR ORJUELA, JR
(Attachments: #1 Exhibit, #2 Exhibit, #_3 Exhibit, #_4 Exhibit, #J5
FxhihitVTeffress Jonathan") CFntered- 03/09/9014")

J_jA_111U11 jyj tllltSS, J lJlla.llla.ll J ^ijllLtltU. XJ^JI V_/Zw/ Z.U 1 i )


03/05/2014


41




NOTICE of Filing (Mr. Orjuela's letter to the Court) by HECTOR
ORJUELA, JR (Attachments: #J. Exhibit)(Jeffress, Jonathan) (Entered:
03/05/2014)


03/06/2014






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Sentencing
held on 3/6/2014 as to HECTOR ORJUELA, JR. (1). Counts 1 and 2 in
l:12-cr-281: Defendant sentenced to Fifteen (15) years incarceration on each
of Counts 1 and 2 to run concurrently with each other and consecutively to the



8



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 9 of 16









sentence imposed in l:13-cr-193. Lifetime term on Supervised Release
imposed. $200.00 Special Assessment imposed. Count 1 in l:13-cr-193:
Defendant sentenced to Fifteen (15) years incarceration on Count 1. Lifetime
term of Supervised Release imposed. $100.00 Special Assessment imposed.
Bond Status of Defendant: Defendant committed. Commitment issued.; Court
Reporter: Vicki Eastvold; Defense Attorney: Jonathan Jeffress; US Attorneys:
MiYung Park and Sarah Chang; Prob Officer: Kelli Willett; Interpreters: Lily
Olm and Chari Vnss (Vmm "l (Entered- 03/07/90 14")


03/10/2014


46


11


JUDGMENT as to HECTOR ORJUELA, JR. Statement of Reasons Not
Included. Signed by Judge Ellen S. Huvelle on 3/7/2014. (dr) (Entered:
03/1 ? /9014 s ;


03/11/2014


47




STATEMENT OF REASONS as to HECTOR ORJUELA, JR. re 46 Judgment
Not for public disclosure per Judicial Conference Policy. Signed by Judge
Ellen S Huvelle on 3/7/2014 Odf) (Entered- 03/1 2/20141


03/18/2014


48


10


NOTICE OF APPEAL - Final Judgment by HECTOR ORJUELA, JR re 46
Judgment. Fee Status: No Fee Paid. Parties have been notified. (Jeffress,
Jonathan) (Entered: 03/18/2014)



9



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 10 of 16



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



vs. : Criminal No. 12-281 (ESH)

HECTOR ORJUELA, JR., :

NOTICE OF APPEAL



Name and address of appellant: Hector Orjuela, Jr.

DCDC 337-102
Central Detention Facility
1901 D Street, SE
Washington, DC 20003

Name and address of appellant's attorney: Jonathan S. Jeffress

Assistant Federal Public Defender
625 Indiana Avenue, NW Ste. 550
Washington, DC 20004

Offense: 18:2423 (c) & (e)

Concise statement of judgment or order, giving date, and any sentence: 03/06/14: 15 years
on each Counts 1 and 2 to run concurently with each other and consecutive to the sentence
imposed in l:13-cr-193; upon release from imprisonment defendant shall be on supervised
release for a term of: Life; $200 special assessment.

Name of institution where now confined, if not on bail: Central Detention Facility

I, the above-named appellant, hereby appeal to the United States Court of Appeals
for the District of Columbia from the above-stated judgment.



03/18/14 Hector Orjuela, Jr.

DATE APPELLANT

FPD, NO FEE X '7s/"

CJA, NO FEE ATTORNEY

PAID USDC FEE

PAID USCA FEE

Does counsel wish to appear on appeal? Yes
Has counsel ordered transcripts? No

Is this appeal pursuant to the 1984 Sentencing Reform Act? Yes



10



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 11 of 16



A0 245B (Rev 09/1 1) Judgment in a Criminal Case
Sheet 1



United States District Court

District of Columbia



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA, JR.



JUDGMENT IN A CRIMIN



AL CASE

FILED

MAR 1 20K



THE DEFENDANT:

^pleaded guilty to count(s) land 2 of the Indictment



Case Number: 12-281 (ESH)

USM Number- 43267-424 „ Clerk> U.S. District & Bankruptcy
u&MJNumoer. 4ozo/-^4 courts for the District of Columbia

Jonathan Jeffress, Assistant Federal Public Defender

Defendant's Attorney



□ pleaded nolo contendere to count(s)
which was accepted by the court.

□ was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense



Offense Ended



! 'l|f|frc. � 2423(c) Engaging in Illicit Sexjj^P^u^T^orfelgn Places 11/28/2012

and (e)



Count

.lull's



mm



The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.

□ The defendant has been found not guilty on count(s)



of this judgment. The sentence is imposed pursuant to



□ Count(s)



□ is □ are dismissed on the motion of the United States.



It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

3/6/2014



Date of Imposition of Judgment



Signature of Judge



Ellen Segal Huvelle, U. S. District Judge



Name and Title of Judge/
Date J I I



11



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 12 of 16



AO 245B (Rev. 09/1 1) Judgment in Criminal Case
Sheet 2 — Imprisonment



Judgment — Page



2



of



6



DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)



IMPRISONMENT



The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:

Fifteen (15) years on each of Counts 1 and 2 to run concurrently with each other and consecutive to the sentence imposed in
1:13-cr-193.

ffi The court makes the following recommendations to the Bureau of Prisons:

Incarceration at one of the following facilities which are listed in order of preference: 1) FMC Devens, MA; 2) F.C.I. Elkton,
OH; 3) F.C.C. Butner, NC

$ The defendant is remanded to the custody of the United States Marshal.

□ The defendant shall surrender to the United States Marshal for this district:

□ at □ a.m. □ p.m. on .

□ as notified by the United States Marshal.

□ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

□ before 2 p.m. on

□ as notified by the United States Marshal.

□ as notified by the Probation or Pretrial Services Office.



RETURN



I have



executed this judgment as follows:



Defendant delivered on



to



a



, with a certified copy of this judgment.



UNITED STATES MARSHAL



By



DEPUTY UNITED STATES MARSHAL



12



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 13 of 16



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 3 — Supervised Release



Judgment — Page o of

DEFENDANT: HECTOR ORJUELA, JR.



CASE NUMBER: 12-281 (ESH)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :
Life.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the
custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests
thereafter, as determined by the court.

□ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of
future substance abuse. (Check, if applicable )

$ The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
$ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

i-y The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. � 16901, et seq.)
�^ as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides,
works, is a student, or was convicted of a qualifying offense. (Check, if applicable )

□ The defendant shall participate in an approved program for domestic violence. (Check if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions
on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy -two hours of being arrested or questioned by a law enforcement officer;

12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the
permission of the court; and

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal
record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant s compliance with such notification requirement.



13



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 14 of 16



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment — Page 4 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)

ADDITIONAL SUPERVISED RELEASE TERMS

The defendant shall pay a $200.00 special assessment which is immediately payable to the Clerk of the Court for the U. S.
District Court, District of Columbia. Within 30 days of any change of address, the defendant shall notify the Clerk of the
Court of the change until such time as the financial obligation is paid in full.

The Court finds that the defendant does not have the ability to pay a fine and, therefore, waives imposition of a fine in this
case.

Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which
he is released. While on supervision, the defendant shall submit to collection of DNA, shall not possess a firearm or other
dangerous weapon, shall not use or possess an illegal controlled substance, and shall not commit another federal, state,
or local crime. The defendant shall also abide by the general conditions of supervision adopted by the U. S. Probation
Office, as well as the following special conditions:

Sex Offender Registration - The defendant shall comply with the Sex Offender Registration requirements for convicted sex
offenders in any state or jurisdiction where he resides, is employed, carries on a vocation, or is a student.

Computer/Internet Restriction - The defendant shall not possess or use a computer for personal use, or have access to
any online service for non-employment related purposes, without the prior approval of the United States Probation Office.
The defendant shall identify all computer systems, internet capable devices, and similar memory and electronic devices to
which he has access, and allow installation of a computer and internet monitoring program.

Contact Restriction - The defendant shall have no direct and/or unsupervised contact with minors under the age of 18,
without the written approval of the United States Probation Office. Further, the defendant shall have no contact, written,
verbal, via the internet, or face-to-face with any of the named victims in this case, or their immediate families.

Employment/Volunteer Restriction - The defendant shall not be employed in any capacity, or participate in any volunteer
activity, which may cause him to come in direct and/or unsupervised contact with children, except under circumstances
approved in advance by the United States Probation Office.

Search - Pursuant to the Adam Walsh Child Protection and Safety Act of 2006, the defendant shall submit to a search of
his person, property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices
or media, and effects at any time, with or without a warrant, by any law enforcement or probation officer with reasonable
suspicion concerning unlawful conduct or a violation of a condition of supervision.

Sex Offender Assessment and Treatment - The defendant shall participate in a program of sex offender assessment and
treatment, as directed by the United States Probation Office. At the direction of the United States Probation Office, the
defendant shall pay for all or a portion of any treatment program. The defendant shall waive his right of confidentiality in
treatment and sign any necessary releases for any records imposed as a consequence of this Judgment to allow the
United States Probation Office to review his course of treatment and progress with the treatment provider(s).

Residential Restriction - The defendant shall have all residences pre-approved by the United States Probation Office. The
defendant shall not reside in a residence where minor children also reside without the permission of the United States
Probation Office.



14



.0245B (R C v. 09/i i)j udiS!a ^ e airgi@ ia t<Fa�0281-ESH Document 49 Filed 03/19/14 Page 15 of 16

Sheet 5 — Criminal Monetary Penalties

Judgment — Page b of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution

TOTALS $ 200.00 $ 0.00 $ 0.00

The determination of restitution will be made within 90 days �An Amended Judgment in a Criminal Case(A0245C) will be entered
after such determination.

□ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. � 3664(i), all nonfederal victims must be paid
before the United States is paid.



Name of Payee Total Loss* Restitution Ordered Priority or Percentage





□ Restitution amount ordered pursuant to plea agreement $

D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. � 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. � 3612(g).

□ The court determined that the defendant does not have the ability to pay interest and it is ordered that:

□ the interest requirement is waived for the □ fine □ restitution.

□ the interest requirement for the □ fine □ restitution is modified as follows:



* Findings for the total amount oflosses are required under Chapters 109A, 110, 110A,and 113AofTitle 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

15



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 16 of 16

AO 245B (Rev 09/11) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 6 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)



SCHEDULE OF PAYMENTS



Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A □ Lump sum payment of $ due immediately, balance due

□ not later than , or

□ in accordance DC, □ D, □ E, or □ F below; or

B □ Payment to begin immediately (may be combined with □ C, □ D, or □ F below); or

C □ Payment in equal (e.g , weekly, monthly, quarterly) installments of $ over a period of

(e g , months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D □ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E □ Payment during the term of supervised release will commence within (e.g , 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F ^ Special instructions regarding the payment of criminal monetary penalties:
See pages 4 and 5 of this Judgment.



Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial
Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.



□ Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.



□ The defendant shall pay the cost of prosecution.

□ The defendant shall pay the following court cost(s):

□ The defendant shall forfeit the defendant's interest in the following property to the United States:



Payments shall be applied in the following order: (I) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.



16



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 1 of 16



APPEAL,CAT B, CLOSED

U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1 :12-cr-00281-ESH -1



Case title: USA v. ORJUELA

Magistrate judge case number: 1 : 12-mj-00955-JMF

* SEALED*



Date Filed: 12/20/2012



Assigned to: Judge Ellen S.
Huvelle



Defendant (1)

HECTOR ORJUELA, JR. represented by HECTOR ORJUELA, JR.

DCDC337-102
DC JAIL
SE2 Cell 69
1901 D Street, SE
Washington, DC 20003
PRO SE

Jonathan Jeffress

FEDERAL PUBLIC DEFENDER FOR D.C
625 Indiana Avenue, NW
Suite 550

Washington, DC 20004

(202) 208-7500

Fax: (202) 208-7515

Email: jonathan jeffress@fd.org

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Public Defender or Community

Defender Appointment

Luiz Robert Simmons

Law Offices Luiz Simmons
8613 Cedar Street
Silver Spring, MD 20910
(301) 589-8844
Fax: 301-589-7343
Email: luizlaw @ aol. com
TERMINATED: 07/03/2013
Designation: Retained

Tony W. Miles

FEDERAL PUBLIC DEFENDER FOR D.C
625 Indiana Avenue, NW

1



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 2 of 16



Highest Offense Level (Opening)

Felony



Highest Offense Level
(Terminated)

None



Suite 550

Washington, DC 20004

(202) 208-7500

Fax: (202) 208-7515

Email: tony miles@fd.org

TERMINATED: 02/11/2013

Designation: Public Defender or Community

Defender Appointment



Pending Counts

18:2423(c) and (e); COERCION
OR ENTICEMENT OF MINOR
FEMALE; Engaging in Illicit
Sexual Conduct in Foreign Places.
(1-2)



Disposition

Defendant sentenced to Fifteen (15) years
incarceration on each of Counts 1 and 2 in Case No.
l:12-cr-281 to run concurrently and consecutively
to the sentence imposed in l:13-cr-193. Lifetime
term on Supervised Release imposed. $200.00
Special Assessment imposed.



Terminated Counts

None



Disposition



Complaints

COMPLAINT In Violation of:
18:2423(c)



Disposition



Plaintiff

USA



represented by Julieanne Himelstein

U.S. ATTORNEY OFFICE
Judiciary Center Building
555 Fourth Street, NW
10th Floor

Washington, DC 20001

(202) 252-7726

Fax: (202) 305-8537

Email: julieanne.himelstein @ usdoj . gov

TERMINATED: 02/11/2013

LEAD ATTORNEY

ATTORNEY TO BE NOTICED



2



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 3 of 16



MiYung Claire Park

U.S. DEPARTMENT OF JUSTICE
Criminal Division/Child Exploitation
Section

1400 New York Avenue, NW
Suite 600

Washington, DC 20005
(202) 616-2780
Fax: (202)514-1793
Email: miyung.park@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sarah Chang

U.S. DEPARTMENT OF JUSTICE
Criminal Division
1400 New York Avenue, NW
Suite 600

Washington, DC 20005
(202) 353-4979
Email: sarah.chang@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED



Date Filed


#


Page


Docket Text


12/06/2012


1




COMPLAINT as to HECTOR ORJUELA, JR (1). (Attachments: #1
Affidavit) (zmac) [l:12-mj-00955-JMF *SEALED*] (Entered: 12/07/2012)


12/20/2012






Case unsealed at the magistrate level as to HECTOR ORJUELA, JR. (mlp)
(Entered: 12/21/2012)


12/20/2012


2




INDICTMENT as to HECTOR ORJUELA, JR. (1) counts 1-2.
(FORFEITURE ALLEGATION) (mlp) (Entered: 12/21/2012)


02/06/2013






Arrest of HECTOR ORJUELA, JR. (kk) (Entered: 02/07/2013)


02/06/2013


3




Arrest Warrant, dated 12/6/12, returned executed on 2/6/13 as to HECTOR
ORJUELA, JR. (kk) (Entered: 02/07/2013)


02/06/2013


4




Arrest Warrant, dated 12/20/12, returned executed on 2/6/13 as to HECTOR
ORJUELA, JR. (kk) (Entered: 02/07/2013)


02/06/2013






ORAL MOTION by Defendant HECTOR ORJUELA, JR. to Appoint Counsel
on an Interim Basis, (kk) (Entered: 02/07/2013)


02/06/2013






ORAL MOTION by USA for Temporary Detention for Defendant HECTOR
ORJUELA, JR. (3-day hold request), (kk) (Entered: 02/07/2013)


02/06/2013






Minute Entry for Initial Appearance and Arraignment as to HECTOR
ORJUELA, JR. held before Magistrate Judge Alan Kay on 2/6/13 : The
defendant intends to retain counsel. Oral Motion by HECTOR ORJUELA, JR.
to Appoint Counsel on an Interim Basis, heard and granted. Assistant Federal
Public Defender, Tony W. Miles, appointed to represent the defendant until
counsel has been retained. Plea of Not Guilty entered by HECTOR



3



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 4 of 16









ORJUELA, JR. to Counts 1-2. Oral Motion by USA for Temporary Detention
for the defendant, (3-day hold request), heard and granted. Detention Hearing
set for 2/11/13 at 1:30 PM in Courtroom 4 before Magistrate Judge Deborah
A. Robinson. Counsel directed to contact Judge Huvelle's courtroom deputy to
schedule the time for the status hearing to be held on 2/14/13. Bond Status of
Defendant: Defendant Held Without Bond. Defendant committed/commitment
issued. Court Reporter: Bowles Reporting Service - Ctrm. 7. Defense
Attorney: Tony Miles; Govt. Attorney: Ari Redbord for Sarah Chang; Pretrial
Officer- Saul Atencin dele"! (Entered- 02/07/201 3 s )


02/07/2013






NOTICE OF HEARING as to HECTOR ORJUELA, JR: Status Conference
set for 2/14/2013 at 2:00 PM in Courtroom 23A before Judge Ellen S.
Hnvelle Odfl (Entered- 02/07/201 3")


02/07/2013






Set/Reset Hearings as to HECTOR ORJUELA, JR. : Status Conference set for
2/14/13 at 2:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (kk)
CFntered- 02/07/201 3 s !


02/08/2013


5




NOTICE OF ATTORNEY APPEARANCE MiYung Claire Park appearing
for USA. (Park, MiYung) (Main Document 5 replaced on 2/1 1/2013) (dr)
CFntered- 02/08/2013")


02/08/2013


6




NOTICE OF ATTORNEY APPEARANCE Sarah Chang appearing for USA.

( f^hano" Sarnh^ flVFniTi T^ncnmpnt f\ rpnlappH on 9/11 /901 ( (\v\ fPntprprl*

\ V^llClllEi} O CU Cl 1 1 1 \ IVACllll v'^UlllL_.]ll \J 1 L_/ 1 / 1 clk^ L_- V_l v '1 1 A 1 / Z_ V./ 1 , " 1 \ V.1 1 1 1 1 > 1 1 Ws 1 L. LI .

02/08/2013)


02/08/2013


7




MOTTON for Protective Order hv TISA as to HFCTOR ORTTIFI A TR
(Attachments: #J_ Proposed Order)(Park, MiYung) (Entered: 02/08/2013)


02/1 1/2013


8

O




NOTTCE OF ATTORNFY APPFARANCF- T 1117 Rnhert Simmnns annearincr

1 > \.J 1 1 v.- i—i KJL C\ 1 A V_7AN.1^IA-/ A /\ 1 I L/ /\ 1 X. 1\ 1 > 1— / . A-/UAZj IVUUtll OAAA1AA1U113 tlL/L/ttll A11H

for HECTOR ORJUELA, JR (Simmons, Luiz) (Entered: 02/11/2013)


02/1 1/2013






Attrvrnpv linnntp in pacp nc to T-TPi^TOR OR TT TT-^T A TR • Attrvrnpv Tnlipannp

^VllVJAllt V LlULltllL. All Ldi)^ ai) WJ 11L/V 1 V/l\ W 1 NJ LJ � JAN.. . ^VLUJAllty J LI 1 1CT til 11 1L.

Himelstein terminated for USA. (kk) (Entered: 02/11/2013)


02/11/2013






ORAL MOTION by USA to Commit Defendant HECTOR ORJUELA, JR. to
the Custody of the U.S. Attorney General, (kk) (Entered: 02/11/2013)


02/11/2013






Minute Entry for Detention Hearing as to HECTOR ORJUELA, JR. held
before Magistrate Judge Deborah A. Robinson on 2/1 1/13 : Oral Motion by
USA to Commit Defendant to the Custody of the U.S. Attorney General, heard
and granted. Pretrial Detention Ordered. Status Hearing remains set before
Judge Ellen S. Huvelle on 2/14/13 at 2:00 PM in Courtroom 23A. Bond Status
of Defendant: Defendant committed/commitment issued. [Medical Health
Alert issued to the D.C Department of Corrections Medical Unit.] Court
Reporter: Bowles Reporting Service - Ctrm. 4. Defense Attorney: Luiz

Simmon*;' F)OT Attnrnpv^- lVFiviint* Parle and Sarah (^hano" CFntprpd-

02/11/2013)


02/11/2013


9




PROTECTIVE ORDER as to defendant HECTOR ORJUELA, JR (Signed by
Judge Ellen S Huvelle on 2/8/201 3") (t\) (Entered- 02/1 1/2013)


02/13/2013


10




DETENTION MEMORANDUM as to HECTOR ORJUELA, JR Signed by
Magistrate Judge Deborah A. Robinson on February 13, 2013, Nun Pro Tunc
2/11/13. (Icdar3) Modified on 2/21/2013 (lm, ). (Entered: 02/13/2013)



4



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 5 of 16



02/13/2013






NOTICE OF HEARING as to HECTOR ORJUELA, JRStatus Conference
reset for 2/22/2013 at 9:45 AM in Courtroom 23A before Judge Ellen S.
Huvelle. (gdf) (Entered: 02/13/2013)


02/22/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 2/22/2013. Speedy Trial
time waived from 2/22/13 until 3/12/13, in the interest of justice. Status
Conference set for 3/12/2013 09:30 AM in Courtroom 23A before Judge Ellen
S. Huvelle. Motions due by 3/22/2013. Responses due by 4/2/2013. Jury Trial
set for 4/29/2013 at 9:30 AM in Courtroom 23A before Judge Ellen S.
Huvelle. Bond Status of Defendant: Committed/Commitment Issued; Court

IvCpUI LCI . V Jj/dSLVUlU, UCICI1SC /\LLOIIlCy. J-/U1Z IV. olIIIIIIOIlS, Uo /\LLOIIlCy.

Sarah Chang, (gdf) (Entered: 02/22/2013)


03/11/2013


u




Joint MOTION to Continue Trial and Motion Dates by USA as to HECTOR
ORJUELA, JR. (Park, MiYung) (Entered: 03/11/2013)


03/12/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 3/12/2013. Speedy Trial
time waived from 3/12/13 until 4/24/13, in the interest of justice. Granting 11
Motion to Continue as to HECTOR ORJUELA JR. (1). Status Conference set
for 4/24/2013 at 9:30 AM in Courtroom 23A before Judge Ellen S. Huvelle.
Jury Trial set for 6/10/2013 at 9:30 AM in Courtroom 23A before Judge Ellen
S. Huvelle., Bond Status of Defendant: Committed/Commitment Issued; Court

rvCUUI LCI . V ICJVl H/d.sLVUlLl, I_^CICIlaC r\LLUIIlCy. L/UIZ IV. OllIIlIIUIlS , Uo .rVLLUIUCy.

Sarah Chang and MiYung C. Park, (gdf) (Entered: 03/12/2013)


(Yin 9/901 ^






Tprminatp DpnHlinpc nnH T-T^nrinac tn HPfTDR OR TT TFT A TR • ( <rr\f\
1 CIlIIlIlaLC I_^CaU.IlIlCs dilLl nCallllga aa LU n LLv, 1 VJ i\ VJ I\ J HjL^rA, J I\ . ^gU.1^

(Entered: 03/12/2013)


04/23/2013


12




Joint MOTION to Vacate Trial Date by HECTOR ORJUELA, JR. (Simmons,
Luiz) Modified on 4/24/2013 to edit event (dr). (Entered: 04/23/2013)


04/24/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 4/24/2013. Speedy Trial
Time waived from 4/24/13 until 5/23/13, to consider plea and Rule 20 papers.
Granting!! Motion to Vacate Trial Date as to HECTOR ORJUELA JR. (1).
Status Conference set for 5/23/2013 at 1 1:00 AM in Courtroom 23A before
Judge Ellen S. Huvelle. Bond Status of Defendant: Committed/Commitment

1SSLICU, v^OLIIL IvCpUI LCI . V 1CK1 CdSLVOlU, UCICI1SC /\LLOIIlCy. I_,LI1Z IV. olIIIIIIOIlS,

US Attorney: MiYung C. Park and Sarah Chang, (gdf) (Entered: 04/24/2013)








ORFtFT? PDR RnTTTTNTP PRnPFSSTNFn ac tn HFrTflR OT? TT TFT A TT?

Signed by Judge Ellen S. Huvelle on 4/24/13. (gdf) (Entered: 04/24/2013)


05/21/2013


14




Consent MOTION to Continue by HECTOR ORJUELA, JR. (Simmons, Luiz)
(Entered: 05/21/2013)


05/22/2013






MINUTE ORDER granting 14 Joint Motion to Continue Status Hearing as to
HECTOR ORJUELA JR. (1). The Status Conference, currently set for
5/23/2013, is hereby VACATED and reset to 6/10/2013 @ 12:00 noon in
Courtroom 23A. The Court finds that the ends of justice served outweigh the
best interests of the public and the defendant in a speedy trial, and therefore,
Speedy Trial is tolled from 5/22/2013 through 6/10/2013. Signed by Judge
Ellen S. Huvelle on 5/22/2013. (zmm, ) (Entered: 05/22/2013)



5



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 6 of 16



05/22/2013






Set/Reset Hearings as to HECTOR ORJUELA, JR:Status Conference set for

6/10/901^? (a) 19-00 nnnn in Pniirtrnnm 9^A hpfnrp TiiHap Fllpn <\ T-Tiiw11f>

0/ iu/zuij> vtf iz.uu iiuuii in v^uuiliuuiii ueioie j uuge ijiieii o. nuveiie.
(zmm, ) (Entered: 05/22/2013)


UD/UD/ZU1 J


i <

u




A/fOTTfYPsJ Pr�ntinn^ Ktntuv T-Tanrina hv T T<5 A \c\ MFPTOR OR TT TFT A TR
IVll^lll^lN LU v^UIlLlIlLLt OLCILUS rLtZLiriflg Uy UO/\ aS LU n LLv^ 1 VJYK UCLA, J fx .

(Park, MiYung) (Entered: 06/06/2013)


06/06/2013


16




NOTICE of Proposed Order by USA as to HECTOR ORJUELA, JR reJ5
MOTION to Continue Status Hearing (Park, MiYung) (Entered: 06/06/2013)


06/07/2013


12




ORDER grantingJJ. Joint Motion to Continue Status Hearing as to HECTOR
ORJUELA JR., resetting status hearing for July 11, 2013, at 2:15 p.m., and

tr\ \ litifT >Tj-voor 4 /'i \ / Tt*i a l t rirm limp 111 tnnt"i l crh 1 1 i 1 "\ r 1 1 / 1 1 1 a \i rrn f^r\ n\i Turi itp

Lulling ouccciiy nidi nuiii juiic iu Liiuiugii j uiy 1 1, oigiicu. uy julihc
Ellen S. Huvelle on June 7, 2013. (AG) (Entered: 06/07/2013)


07/03/2013


18




NOTICE OF ATTORNEY APPEARANCE: Jonathan Jeffress appearing for

T-TFPTDR ORTTTFT A TT? fTpffrpcs TnnnthnrA (Vr\tprpr\- 0,7/0,^/901 T\
n CL 1 yj l\ VJ l\J CLn, Jrv ^JClliC&&, JUllalllall^ ^L/llLClcti. U / f\JDf ZU tj)


07/09/2013


19




LETTER Filed by HECTOR ORJUELA, JR. Dated 7/1/2013 Regarding
Appointment of New Counsel. "Let This be Filed" by Judge Ellen S. Huvelle
on 7/9/2013. (hsj, ) (Entered: 07/10/2013)


07/11/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status
Conference as to HECTOR ORJUELA, JR held on 7/11/2013. Plea
Agreement Hearing set for 8/1/2013 @ 09:30 a.m. in Courtroom 23A before
Judge Ellen S. Huvelle. Speedy Trial tolled in the interests of justice from
7/11/2013 to 8/1/2013. Bond Status of Defendant: Committed. Commitment
issued.; Court Reporter: Vicki Eastvold; Defense Attorney: Jonathan Jeffress;

TT<\ AnVirnpv MiVnncr PnrV /7mm ^ (Vntp-rpA- 07/1 1/901 X\

uo r\iiuniey. ivii 1 uiig r oik. ^ziimi, j ^.cjiieieu. u// yyizajydj


07/15/2013


20




LETTER to Judge Huvelle regarding counsel by HECTOR ORJUELA, JR.;
j_/tL nils uc iiicu uy j uuge jj/iitii o. nuveiie on // 1 ji id. v zliii, ) v jjjilgigu.
07/19/2013)


07/9Q/901 ^






H>nrino-� TprminntpH tn HPfTOR ORTTTFT A TR • (\rW\ fFntprpH-
JTLCdllllHS 1 ClllllllalCU. ua LU n ELv^ 1 v^fx VJ i\J LJ I^L/v . J fx . ylCUj. ^JLYlllCICLl.

07/29/2013)


07/30/2013


21




Unopposed MOTION to Continue Plea Hearing by HECTOR ORJUELA, JR.

/Tpffrpss Tnnnthnn^ /FntprpH- 07/^0/901 X\
^JClllCss, JUllaLllall^ ^XZ/llLClCli. U / / D\Jf ZA) 1 D )


07/31/2013


22




ORDER granting_21 Unopposed Motion to Continue Plea Hearing as to
HECTOR ORJUELA JR. (1). Signed by Judge Ellen S. Huvelle on July 31,

901^ (VrhiA (VntprpA- 08/0^/901 1\

zui j. ^cuw ) ^xjiiieieu. uo/uj/zuij^


07/31/2013






Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Plea Agreement
Hearing reset for 9/12/2013 at 2:30 PM in Courtroom 23A before Judge Ellen
S. Huvelle. (cdw) (Entered: 08/05/2013)


09/10/2013






MINUTE ORDER as to HECTOR ORJUELA, JR: At the request of defense
counsel and with the consent of the government, the plea hearing currently set
for 9/12/2013 @ 2:30 p.m. is hereby rescheduled to 9/26/2013 @ 2:00 p.m. in
Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S.
Huvelle on y/lU/zUlj. (zmm, ) (tnterea: uy/lU/zUlo)


09/23/2013






NOTICE OF HEARING as to HECTOR ORJUELA, JR Plea Agreement
Hearing RESCHEDULED for 10/2/2013 at 2:00 PM in Courtroom 23A before



6



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 7 of 16









Tiid^e Fllen S Hnvelle (tcb) (Entered- DQ/23/2D1 3">


09/23/2013






Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Plea Agreement
Hearing reset for 10/2/2013 at 2:00 PM in Courtroom 8 before Judge Ellen S.
Huvelle. (cdw) (Entered: 09/23/2013)


10/02/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Plea
Agreement Hearing as to HECTOR ORJUELA, JR held on 10/2/2013. Plea of
guilty entered as to Counts 1 and 2. REFERRED TO PROBATION OFFICE
for Presentence Investigation Report. Sentencing set for 12/17/2013 @ 9:30
a.m. in Courtroom 23A before Judge Ellen S. Huvelle. Bond Status of
Defendant: Committed. Commitment issued.; Court Reporter: Vicki Eastvold;

Df^fpnQf^ Attrvrnpv Tnnnthnn Tpffr^cc* T T^l Attrvrn^vc* lvTi\^nno" Pat*V anH ^nrah

Chang, (zmm, ) (Entered: 10/03/2013)


10/02/2013

J. \JI z. vy j_ _7


23




WATVFR of Ripht to Trial hv Tnrv as to HFGTOR ORTTIFI A TR Annroved
by Judge Ellen S. Huvelle on 10/2/2013. (zmm, ) (Entered: 10/03/2013)


10/02/2013


24




PI FA AGRFFMFNT as to HFCTOR ORTTIFI A TR Omm (Entered-
10/03/2013)


10/02/2013


25




STATEMENT OF OFFENSE by USA as to HECTOR ORJUELA, JR (zmm, )
(Entered: 10/03/2013)


10/03/2013


26




SENTENCING SCHEDULING ORDER as to HECTOR ORJUELA, JR:
Sentencing set for 12/17/2013 @ 9:30 a.m. in Courtroom 23A before Judge

T-^llpn ^pcal l-Tnvpllf^ ^IkttipH hv TiiHop T-^llpn ^1 I-TiivpIIp c\y\ 10/^/^01^ ( 7 iti iti ^

(Entered: 10/03/2013)


10/29/2013


27




MOTION to Continue Sentencing by HECTOR ORJUELA, JR. (Jeffress,
Jonathan) (Entered: 10/29/2013)


10/29/2013






MINUTE ORDER granting^! Motion to Continue Sentencing as to HECTOR
ORJUELA JR. : Upon consideration of defendant's Motion to Continue
Sentencing Date, and for good cause shown, it is hereby ORDERED that the
motion is GRANTED; and it is further ORDERED that the sentencing hearing
is continued from December 17, 2013, until Wedneday, January 15, 2014, at
9:30 a.m. SO ORDERED. Signed by Judge Ellen S. Huvelle on October 29,
2013 (AG) (Entered- 10/29/201 3*1


10/29/2013






Set/Reset Hearing as to HECTOR ORJUELA, JR: Sentencing set for
1/15/2014, at 09:30 AM in Courtroom 23A before Judge Ellen S. Huvelle.
(tth) (Entered: 10/29/2013)


10/31/2013






MINUTE ORDER as to HECTOR ORJUELA, JR: In light of the change to
the date of the sentencing hearing, and with the consent of the parties, it is
hereby ORDERED that the Sentencing Scheduling Order is modified to
provide that (1) the presentence investigation report ("PSR") shall be disclosed
by 12/5/2013; (2) objections to the PSR are due by 12/19/2013; (3) the final
PSR is due by 1/2/2014; (4) the parties' sentencing memoranda are due by
1/7/2014; and (5) responses (if any) to sentencing memorandum are due by
12:00 p.m. (noon) on 1/10/2014. SO ORDERED. Signed by Judge Ellen S.
Huvelle on October 31, 2013. (AG) Modified on 11/1/2013 (zcdw). (Entered:
10/31/2013)


10/31/2013









Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 8 of 16









Set/Reset Deadlines/Hearings as to HECTOR ORJUELA, JR: Objections to
the PSR due by 12/19/2013. Final PSR due by 1/2/2014. Sentencing

lV^pmnranH n Hup hv 1 11 10C\ 1 A. R PQnnn cpc tr\ ^pntpnn no Hup hv l/IO/^OIid.

IVltlllUl dllUCl L1LIL. Uy 1/ / / IT. L/Ulli5ti3 lv7 O tllltll^lllEi LlLll_ UV 1/ lU/^UlT.

(cdw) (Entered: 11/01/2013)


19/16/9013


9Q




RFSPDNSF hv ITS A as tn T-TFCTDR DRTTTFT A TR Gnvprnmpnt\ Ohiprtinns
to Presentence Investigation Report (Chang, Sarah) (Entered: 12/16/2013)


12/19/2013


30




Unopposed MOTION to Continue by HECTOR ORJUELA, JR. (Jeffress,
Jonathan) (Entered: 12/19/2013)


12/27/2013






MINUTE ORDER granting 30 Unopposed Motion to Continue Sentencing as
to HECTOR ORJUELA JR. (1). The Sentencing formerly set for 1/15/2014 is
reset to 2/27/2014 @ 3:00 p.m. Signed by Judge Ellen S. Huvelle on
12/27/2013 Omm WFntered- 1 2/27/201 3*1


12/27/2013






Set/Reset Hearings as to HECTOR ORJUELA, JR: Sentencing set for
2/27/2014 03:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm,
) (Entered: 12/27/2013)


01/02/2014






MINUTE ORDER as to HECTOR ORJUELA, JR: At the request of the
parties, the deadline for filing sentencing memoranda is extended to 2/13/2014
and responses (if any) to sentencing memoranda are due by 2/20/2014.

Sentenem o" i ti tVii *i pa<;e remains <;et for 9/97/9014 (d) 'VOO n m SkttipH hv

kJ LI 1 LCI 1 L 1 1 1 111 Llll.> L lCllltllll>> >iLL 1^1 _/ _ / / Z*\J 1^ vi- J.W l/.lll. vJli_llCLl UV

Judge Ellen S. Huvelle on 1/2/2014. (zmm, ) (Entered: 01/02/2014)


01/13/2014


31




Unopposed MOTION to Continue by HECTOR ORJUELA, JR. (Jeffress,
Jonathan) (Entered: 01/13/2014)


01/17/2014






MINUTE ORDER granting_31 Unopposed Motion to Continue Sentencing as
to HECTOR ORJUELA JR. (1). The sentencing currently scheduled for
2/27/2014 is reset to 3/6/2014 @ 9:45 a.m. Signed by Judge Ellen S. Huvelle
nn 1/17/9014 (Vmm ^ (Entered- 01/17/9014")


02/14/2014


33




Recommendation of PSI Report as to HECTOR ORJUELA, JR. rej?2 Final

Prp^pntpnpp TnvpQti (ration Rpnrvrt Not for nnhlif* rli^plrwnrp r>pr Tnrhpial

Conference Policy. (Shaffer, Brian) (Entered: 02/14/2014)


02/14/2014


34




SFNTFNrTNfl MFMOR ANDTIM hv TISA as tn HFCTOR ORTITFI A TR
(Chang, Sarah) (Entered: 02/14/2014)


02/26/2014


39




NOTICE of Filing (Sentencing Letters) by HECTOR ORJUELA, JR

fAtraphmenK- # 1 FYhihirVTeffress Jonathan"! fFntereH- 09/9fS/901 4*1

V^/^Lld^llllltllLi}. TT 1 LfAlllUlL l\ J t^lll^aa. JVJILCXLLICXILJ yi— fllll_.l&U* Ui/ iU/Z.l/1^


03/02/2014


40




SENTENCING MEMORANDUM by HECTOR ORJUELA, JR
(Attachments: #1 Exhibit, #2 Exhibit, #_3 Exhibit, #_4 Exhibit, #J5
FxhihitVTeffress Jonathan") CFntered- 03/09/9014")

J_jA_111U11 jyj tllltSS, J lJlla.llla.ll J ^ijllLtltU. XJ^JI V_/Zw/ Z.U 1 i )


03/05/2014


41




NOTICE of Filing (Mr. Orjuela's letter to the Court) by HECTOR
ORJUELA, JR (Attachments: #J. Exhibit)(Jeffress, Jonathan) (Entered:
03/05/2014)


03/06/2014






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Sentencing
held on 3/6/2014 as to HECTOR ORJUELA, JR. (1). Counts 1 and 2 in
l:12-cr-281: Defendant sentenced to Fifteen (15) years incarceration on each
of Counts 1 and 2 to run concurrently with each other and consecutively to the



8



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 9 of 16









sentence imposed in l:13-cr-193. Lifetime term on Supervised Release
imposed. $200.00 Special Assessment imposed. Count 1 in l:13-cr-193:
Defendant sentenced to Fifteen (15) years incarceration on Count 1. Lifetime
term of Supervised Release imposed. $100.00 Special Assessment imposed.
Bond Status of Defendant: Defendant committed. Commitment issued.; Court
Reporter: Vicki Eastvold; Defense Attorney: Jonathan Jeffress; US Attorneys:
MiYung Park and Sarah Chang; Prob Officer: Kelli Willett; Interpreters: Lily
Olm and Chari Vnss (Vmm "l (Entered- 03/07/90 14")


03/10/2014


46


11


JUDGMENT as to HECTOR ORJUELA, JR. Statement of Reasons Not
Included. Signed by Judge Ellen S. Huvelle on 3/7/2014. (dr) (Entered:
03/1 ? /9014 s ;


03/11/2014


47




STATEMENT OF REASONS as to HECTOR ORJUELA, JR. re 46 Judgment
Not for public disclosure per Judicial Conference Policy. Signed by Judge
Ellen S Huvelle on 3/7/2014 Odf) (Entered- 03/1 2/20141


03/18/2014


48


10


NOTICE OF APPEAL - Final Judgment by HECTOR ORJUELA, JR re 46
Judgment. Fee Status: No Fee Paid. Parties have been notified. (Jeffress,
Jonathan) (Entered: 03/18/2014)



9



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 10 of 16



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



vs. : Criminal No. 12-281 (ESH)

HECTOR ORJUELA, JR., :

NOTICE OF APPEAL



Name and address of appellant: Hector Orjuela, Jr.

DCDC 337-102
Central Detention Facility
1901 D Street, SE
Washington, DC 20003

Name and address of appellant's attorney: Jonathan S. Jeffress

Assistant Federal Public Defender
625 Indiana Avenue, NW Ste. 550
Washington, DC 20004

Offense: 18:2423 (c) & (e)

Concise statement of judgment or order, giving date, and any sentence: 03/06/14: 15 years
on each Counts 1 and 2 to run concurently with each other and consecutive to the sentence
imposed in l:13-cr-193; upon release from imprisonment defendant shall be on supervised
release for a term of: Life; $200 special assessment.

Name of institution where now confined, if not on bail: Central Detention Facility

I, the above-named appellant, hereby appeal to the United States Court of Appeals
for the District of Columbia from the above-stated judgment.



03/18/14 Hector Orjuela, Jr.

DATE APPELLANT

FPD, NO FEE X '7s/"

CJA, NO FEE ATTORNEY

PAID USDC FEE

PAID USCA FEE

Does counsel wish to appear on appeal? Yes
Has counsel ordered transcripts? No

Is this appeal pursuant to the 1984 Sentencing Reform Act? Yes



10



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 11 of 16



A0 245B (Rev 09/1 1) Judgment in a Criminal Case
Sheet 1



United States District Court

District of Columbia



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA, JR.



JUDGMENT IN A CRIMIN



AL CASE

FILED

MAR 1 20K



THE DEFENDANT:

^pleaded guilty to count(s) land 2 of the Indictment



Case Number: 12-281 (ESH)

USM Number- 43267-424 „ Clerk> U.S. District & Bankruptcy
u&MJNumoer. 4ozo/-^4 courts for the District of Columbia

Jonathan Jeffress, Assistant Federal Public Defender

Defendant's Attorney



□ pleaded nolo contendere to count(s)
which was accepted by the court.

□ was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense



Offense Ended



! 'l|f|frc. � 2423(c) Engaging in Illicit Sexjj^P^u^T^orfelgn Places 11/28/2012

and (e)



Count

.lull's



mm



The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.

□ The defendant has been found not guilty on count(s)



of this judgment. The sentence is imposed pursuant to



□ Count(s)



□ is □ are dismissed on the motion of the United States.



It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

3/6/2014



Date of Imposition of Judgment



Signature of Judge



Ellen Segal Huvelle, U. S. District Judge



Name and Title of Judge/
Date J I I



11



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 12 of 16



AO 245B (Rev. 09/1 1) Judgment in Criminal Case
Sheet 2 — Imprisonment



Judgment — Page



2



of



6



DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)



IMPRISONMENT



The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:

Fifteen (15) years on each of Counts 1 and 2 to run concurrently with each other and consecutive to the sentence imposed in
1:13-cr-193.

ffi The court makes the following recommendations to the Bureau of Prisons:

Incarceration at one of the following facilities which are listed in order of preference: 1) FMC Devens, MA; 2) F.C.I. Elkton,
OH; 3) F.C.C. Butner, NC

$ The defendant is remanded to the custody of the United States Marshal.

□ The defendant shall surrender to the United States Marshal for this district:

□ at □ a.m. □ p.m. on .

□ as notified by the United States Marshal.

□ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

□ before 2 p.m. on

□ as notified by the United States Marshal.

□ as notified by the Probation or Pretrial Services Office.



RETURN



I have



executed this judgment as follows:



Defendant delivered on



to



a



, with a certified copy of this judgment.



UNITED STATES MARSHAL



By



DEPUTY UNITED STATES MARSHAL



12



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 13 of 16



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 3 — Supervised Release



Judgment — Page o of

DEFENDANT: HECTOR ORJUELA, JR.



CASE NUMBER: 12-281 (ESH)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :
Life.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the
custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests
thereafter, as determined by the court.

□ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of
future substance abuse. (Check, if applicable )

$ The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
$ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

i-y The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. � 16901, et seq.)
�^ as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides,
works, is a student, or was convicted of a qualifying offense. (Check, if applicable )

□ The defendant shall participate in an approved program for domestic violence. (Check if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions
on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy -two hours of being arrested or questioned by a law enforcement officer;

12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the
permission of the court; and

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal
record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant s compliance with such notification requirement.



13



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 14 of 16



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment — Page 4 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)

ADDITIONAL SUPERVISED RELEASE TERMS

The defendant shall pay a $200.00 special assessment which is immediately payable to the Clerk of the Court for the U. S.
District Court, District of Columbia. Within 30 days of any change of address, the defendant shall notify the Clerk of the
Court of the change until such time as the financial obligation is paid in full.

The Court finds that the defendant does not have the ability to pay a fine and, therefore, waives imposition of a fine in this
case.

Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which
he is released. While on supervision, the defendant shall submit to collection of DNA, shall not possess a firearm or other
dangerous weapon, shall not use or possess an illegal controlled substance, and shall not commit another federal, state,
or local crime. The defendant shall also abide by the general conditions of supervision adopted by the U. S. Probation
Office, as well as the following special conditions:

Sex Offender Registration - The defendant shall comply with the Sex Offender Registration requirements for convicted sex
offenders in any state or jurisdiction where he resides, is employed, carries on a vocation, or is a student.

Computer/Internet Restriction - The defendant shall not possess or use a computer for personal use, or have access to
any online service for non-employment related purposes, without the prior approval of the United States Probation Office.
The defendant shall identify all computer systems, internet capable devices, and similar memory and electronic devices to
which he has access, and allow installation of a computer and internet monitoring program.

Contact Restriction - The defendant shall have no direct and/or unsupervised contact with minors under the age of 18,
without the written approval of the United States Probation Office. Further, the defendant shall have no contact, written,
verbal, via the internet, or face-to-face with any of the named victims in this case, or their immediate families.

Employment/Volunteer Restriction - The defendant shall not be employed in any capacity, or participate in any volunteer
activity, which may cause him to come in direct and/or unsupervised contact with children, except under circumstances
approved in advance by the United States Probation Office.

Search - Pursuant to the Adam Walsh Child Protection and Safety Act of 2006, the defendant shall submit to a search of
his person, property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices
or media, and effects at any time, with or without a warrant, by any law enforcement or probation officer with reasonable
suspicion concerning unlawful conduct or a violation of a condition of supervision.

Sex Offender Assessment and Treatment - The defendant shall participate in a program of sex offender assessment and
treatment, as directed by the United States Probation Office. At the direction of the United States Probation Office, the
defendant shall pay for all or a portion of any treatment program. The defendant shall waive his right of confidentiality in
treatment and sign any necessary releases for any records imposed as a consequence of this Judgment to allow the
United States Probation Office to review his course of treatment and progress with the treatment provider(s).

Residential Restriction - The defendant shall have all residences pre-approved by the United States Probation Office. The
defendant shall not reside in a residence where minor children also reside without the permission of the United States
Probation Office.



14



.0245B (R C v. 09/i i)j udiS!a ^ e airgi@ ia t<Fa�0281-ESH Document 49 Filed 03/19/14 Page 15 of 16

Sheet 5 — Criminal Monetary Penalties

Judgment — Page b of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution

TOTALS $ 200.00 $ 0.00 $ 0.00

The determination of restitution will be made within 90 days �An Amended Judgment in a Criminal Case(A0245C) will be entered
after such determination.

□ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. � 3664(i), all nonfederal victims must be paid
before the United States is paid.



Name of Payee Total Loss* Restitution Ordered Priority or Percentage





□ Restitution amount ordered pursuant to plea agreement $

D The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. � 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. � 3612(g).

□ The court determined that the defendant does not have the ability to pay interest and it is ordered that:

□ the interest requirement is waived for the □ fine □ restitution.

□ the interest requirement for the □ fine □ restitution is modified as follows:



* Findings for the total amount oflosses are required under Chapters 109A, 110, 110A,and 113AofTitle 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

15



Case l:12-cr-00281-ESH Document 49 Filed 03/19/14 Page 16 of 16

AO 245B (Rev 09/11) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 6 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 12-281 (ESH)



SCHEDULE OF PAYMENTS



Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A □ Lump sum payment of $ due immediately, balance due

□ not later than , or

□ in accordance DC, □ D, □ E, or □ F below; or

B □ Payment to begin immediately (may be combined with □ C, □ D, or □ F below); or

C □ Payment in equal (e.g , weekly, monthly, quarterly) installments of $ over a period of

(e g , months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or

D □ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E □ Payment during the term of supervised release will commence within (e.g , 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F ^ Special instructions regarding the payment of criminal monetary penalties:
See pages 4 and 5 of this Judgment.



Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial
Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.



□ Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.



□ The defendant shall pay the cost of prosecution.

□ The defendant shall pay the following court cost(s):

□ The defendant shall forfeit the defendant's interest in the following property to the United States:



Payments shall be applied in the following order: (I) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.



16



Filed: 03/26/2014
EnteredmillllOU



\k USCA Case Number



Full docket text:

USCA Case Number as to HECTOR ORJUELA, JR 14-3015 for [48] Notice of Appeal -
Final Judgment filed by HECTOR ORJUELA, JR. (hsj, )



The following documents are associated with:

113-cr-00193-ESH All Defendants USA v.

ORJUELA



l:13-cr-00193-ESH All Defendants USA v. ORJUELA
Date filed: 07/08/2013
Date of last filing: 03/19/2014



History



Doc.
No.


Dates


Description


1


Filed: 07/08/2013
Entered: 07/09/2013


d Rule 20 - Consent In Transfer




Filed &

rueaoc 07/11/2013
Entered:


Arraignment




Filed &

J , 07/30/2013
Entered:


^ Terminate Deadlines and Hearings




Filurl- 1 ft/09 /9ft 1^

ruea. iu/uz/zuij
Entered: 10/03/2013


\& tried /\greemeni nearing


o

z


Wilosl- 1ft/ft9/9ft1^

ruea. lu/uz/zuij
Entered: 10/03/2013


waiver or inai uy jury


3


Filed: 10/02/2013

VnforoA- 1ft/ft^/9ft1^

tLniereu. iu/uj/zuij


^ Plea Agreement


4


Filed: 10/02/2013

T7ntororl- 1ft/ft^/9ft1^

tLniereu. iu/uj/zuij


Statement of Offense


5


Filed &

ruea oc 10/03/2013

M-f J/t 1 Si h* Si si •

tLniereci.


$ Order


6


Filed &

ruea oc 10/29/2013
LLiuereu.

Terminated: 12/27/2013


9 Motion to Continue


8


Filed &

ruea oc 12/16/2013
Entered:


W Response to document


9


Filed &

ruea oc 12/19/2013
Entered:

Terminated: 12/27/2013


Motion to Continue




Filed &

ruea oc 12/27/2013
Entered:


<U Order on Motion to Continue




Filed & UI21I20U
Entered:


Set/Reset Hearings




Filed &

ruea oc 01/02/2014
Entered:


& Order



10


Filed &

J , 01/13/2014
Entered:

Terminated- 01/17/9014.


Motion to Continue




Filed &

J oc 01/17/2014

H 11 to VO /I '


O Order on Motion to Continue


12


Filed &

J , 02/14/2014
Entered:


Q Recommendation of PSI Report


13


Filed &

ruea oc 02/14/2014
Entered:


Sentencing Memorandum


15


Filed &

ruea oc 02/24/2014
Entered:

Terminated- 01/10/9014.


v# Motion for Victim Rights


16


Filed &

ruea oc 02/26/2014

H VI to VO /I '
LJIllt,! CU.


V> Notice (Other)


18


Filed &

ruea oc 03/02/2014

H 11 to VO /I '


Sentencing Memorandum


19


Filed &

r uea oc 03/05/2014

H VI to VO /I '


9 Notice (Other)




Filed: 03/06/2014

Filtered- 01/07/9014


H Sentencing


25


Filed: 03/10/2014

Filtered- 01/19/9014


d Judgment


26


Filed: 03/10/2014
Fntered- 03/12/2014


Statement of Reasons


27


Filed &

r uea oc 03/18/2014
Entered:


9 Notice of Appeal - Final Judgment


28


Filed &

r uea oc 03/19/2014
Entered:


9 Transmission of Notice of Appeal and Docket Sheet to
USCA



Case l:13-cr-00193-ESH Document 1 Filed 07/08/13 Page 1 of 1



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA, JR.,
Defendant



*
*
*

*

*
*
*

*******



CRIMINAL NO. WDQ-13-0178

FILED

JUL-?



Clerk. U.S. District & Bankruptcy
Courts for the District of Columbia



CONSENT TO TRANSFER OF CASE FOR PLEA AND SENTENCE
I, Hector Orjuela, Jr., defendant, having been informed that an indictment is pending against
me in the above-styled case, wish to plead guilty to the charges in WDQ- 1 3-0 1 78. I hereby consent,
pursuant to Fed. R. Crim. P. 20, to the transfer of this case to the District of Columbia. I additionally
agree to the ultimate disposition of this case in the District of Columbia where I will waive all further
proceedings, including trial, in the District of Maryland.




United States Attorney for the United States Attorney for the

District of Columbia (or designee) District of Maryland (or designee)



Filed & Entered: 07/1 1/2013



O Arraignment



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Initial
Appearance/Arraignment as to HECTOR ORJUELA JR. (1) held on 7/11/2013. Not
Guilty plea entered as to Count 1. Plea Agreement Hearing set for 8/1/2013 @ 9:30
a.m. in Courtroom 23A before Judge Ellen S. Huvelle. Speedy Trial tolled in the
interests of justice from 7/11/2013 to 8/1/2013. Bond Status of Defendant:
Committed. Commitment issued.; Court Reporter: Vicki Eastvold; Defense Attorney:
Jonathan Jeffress; US Attorney: MiYung Park, (zmm, )



Filed & Entered: 07/30/2013



Q Terminate Deadlines and Hearings



CANCELLED Hearings as to HECTOR ORJUELA, JR: (tcb)



Filed: 10/02/2013
Entered: 10/03/2013



d Plea Agreement Hearing



Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Plea Agreement
Hearing as to HECTOR ORJUELA, JR held on 10/2/2013. Plea of guilty entered as to
Count 1. REFERRED TO PROBATION OFFICE for Presentence Investigation Report.
Sentencing set for 12/17/2013 @ 9:30 a.m. in Courtroom 23A before Judge Ellen S.
Huvelle. Bond Status of Defendant: Committed. Commitment issued.; Court Reporter:
Vicki Eastvold; Defense Attorney: Jonathan Jeffress; US Attorneys: MiYung Park and
Sarah Chang, (zmm, )



CO- 52 6
(12/86)



Case l:13-cr-00193-ESH Document 2 Filed 10/02/13 Page 1 of 1



OCT ~ 1 2013

UNITED STATES DISTRICT COURT Clerk, U.S. District & Bankruptcy
FOR 'THE DISTRICT OF COLUMBIA Courts for the District of Columbia



UNITED STATES OF AMERICA



vs.



Criminal No.



WAIVER OF TRIAL BY JURY
With the consent of the United States Attorney and the
approval of the Court, the defendant waives hi6 right to trial
by jury.



I consent:




Uhijted States / ttorney




Defendant



Coun



of >def ei



defendant



Approved




Judge



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 1 of 11



U.S. Department of Justice

Criminal Division



Child Exploitation and Obscenity Section
1400 New York Axe., NW. Suite 600
Washington, D C 20005

October 2, 2013

By Electronic Mail

Jonathan Jeffress, Esq.
Assistant Federal Public Defender
625 Indiana Avenue, Suite 550
Washington D.C. 20004

Re: United States v. Hector Orjuela, Jr.

CaUNo. 13-CR-193 (ES(4)

Dear Counsel:

This letter sets forth the full and complete plea offer to your client, Hector Orjuela, Jr.,
from the Criminal Division of the United States Department of Justice (hereinafter "the
Government"). If your client accepts the terms and conditions of this offer, please have your
client execute this document in the space provided below. Upon receipt of the executed
document, this letter will become the Plea Agreement. The terms of the offer are as follows:

Charges and Statutory Penalties

1. Your client agrees to plead guilty to Counts One and Two of the Indictment in
Crim. No. 12-cr-281 (ESH), violations of 18 U.S.C. � 2423(c) (Engaging in Illicit Sexual
Conduct in Foreign Places) as well as to plead guilty via Rule 20 of the Federal Rules of
Criminal Procedure to Count One of an indictment that has been filed in the United States
District Court for the District of Maryland, United States v. Hector Orjuela, Jr., 13-178, a
violation of 18 U.S.C. � 2251(a) (Sexual Exploitation of a Minor for the Purpose of Producing
Child Pornography), and has been transferred to the District of Columbia for disposition under
Crim. No. 13-CR-193 (ESH).



FILED

OCT - 2 2013

Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia



1



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 2 of 11



2. Your client understands that pursuant to 18 U.S.C. � 2423(c), Counts One and
Two in Crim. No. 12-cr-281 each carry a maximum sentence of 30 years of imprisonment, a fine,
an order of restitution, and an obligation to pay any applicable interest or penalties on fines or
restitution not timely made and a supervised release term of between 5 years to life pursuant to
18 US.C. � 3583(k). Your client also understands that pursuant to 18 U.S.C. � 2251(e), Count
One in Crim. No. 13-CR-193 (D. Maryland Crim. No. 13-178) carries a mandatory minimum
sentence of 15 years, a maximum sentence of 30 years of imprisonment, a fine, an order of
restitution, and an obligation to pay any applicable interest or penalties on fines or restitution not
timely made and a supervised release term of between 5 years to life pursuant to 1 8 US.C. �
3583(k). In addition, your client agrees to pay a special assessment of $100 per felony conviction
to the Clerk of the United States District Court for the District of Columbia prior to the date of
sentencing. Your client also understands that pursuant to 18 U.S.C. � 3572 and � 5E1.2 of the
Sentencing Guidelines, the Court may also impose a fine that is sufficient to pay the federal
government the costs of any imprisonment, term of supervised release and period of probation.
Further, your client understands that if your client has two or more convictions for a crime of
violence or felony drug offense, your client may be subject to the substantially higher guideline
penalties provided for in the career offender statutes and provisions of the Sentencing Guidelines.

3. In consideration of your client's plea to the above offenses, your client will not be
further prosecuted criminally by the Government for the conduct set forth in the attached
Statement of Offense, which includes a violation of 18 U.S.C. � 2241(c) against Jane Doe 3. In
addition, the Government agrees not to prosecute your client for the following conduct alleged by
John Does 1 and 2 who are the siblings of Jane Does 1 and 2: touching the genitalia of John Does
1 and 2 over their clothing between on or about August 13, 2012 and November 28, 2012 in
Shanghai, China.

Factual Stipulations

4. Your client agrees that the attached "Statement of the Offense'' fairly and
accurately describes your client's actions and involvement in the offenses to which your client is
pleading guilty. Prior to the plea hearing, your client will adopt and sign the Statement of the
Offense as a written proffer of evidence.

Sentencing Guidelines

5. Your client understands that the sentence in this case will be determined by the
Court, pursuant to the factors set forth in 18 U.S.C. � 3553(a), including a consideration of the
guidelines and policies promulgated by the United States Sentencing Commission, Guidelines
Manual 2012 (hereinafter "Sentencing Guidelines" or "U.S.S.G"). Pursuant to Federal Rule of
Criminal Procedure 11(c)(1)(B), and to assist the Court in determining the appropriate sentence,
the parties stipulate to the following. However, nothing in this agreement is to be read as
precluding either party from arguing for or against the applicability of any other specific offense
characteristic and/or adjustment to the defendant's base offense level that is not specifically

2



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 3 of 11



referenced in the agreement.

A. Offense Level under the Guidelines

The advisory guideline range calculation for Count One in Crim. No. 12-cr-281 (ESH),
Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Section 2G1.3 (18 U.S.C. $ 2423(c))

Estimated Base Offense Level 24
Applicable Specific Offense Characteristics

� 2G 1 .3(b)(2)(B), Undue Influence �2

� 2G1 .3(b)(4)(A), Sex Act/Contact �2

� 2G1.3(bj(5), Victim Under 12 years of Age �8

Total 36

The advisory guideline range calculation for Count Two in Crim. No. 12-cr-281 (ESH),
Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Section 2G1.3 (18 U.S.C. � 2423(c))

Estimated Base Offense Level 24
Applicable Specific Offense Characteristics

� 2G1 .3(b)(2)(B), Undue Influence �2

� 2G1 .3(b)(4)(A), Sex Act/Contact �2

� 2G1 .3(b)(5), Victim Under 12 years of Age �8

Total 36

The advisory guideline range calculation for Count One in Crim. No. 13-cr-178 (WDQ),
Sexual Exploitation of Children, is as follows:

Section 2G2.1 (18 U.S.C. � 2251(a))

Estimated Base Offense Level 32
Applicable Specific Offense Characteristics

� 2G2. 1(b)(1)(A), Victim under 12 years of Age �4



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 4 of 11



� 2G2 . 1 (b)(2)(A), Sex Act/Contact +2
� 2G2. 1 (b)(5), Defendant Was Relative +2

Total 40

In accordance with U.S.S.G. � 3D1.4(a), the combined offense level is determined by
taking the offense level applicable to the Group with the highest offense level and increasing that
offense level by 3 levels. The highest offense level in our case is 40.

� 3D 1 .4, Combined Offense Level 40
� 3D 1 .4(a), Number of Units 3
� 3D 1.4, Increase in Offense Level +3

Total Combined Offense Level 43

In accordance with U.S.S.G. � 3E1.1, if your client chooses to accept responsibility, he
will be entitled to a three level decrease.

� 3E1.1, Acceptance of Responsibility ^3

Total Adjusted Offense Level 40



However, because a) the offenses to which Mr. Orjuela is pleading guilty are covered sex
crimes, b) Mr. Orjuela is neither a Career Offender covered under � 4B1 .1 nor did he commit the
instant offenses subsequent to sustaining at least one sex offense conviction, and c) Mr. Orjuela
engaged in a pattern of activity involving prohibited sexual conduct, pursuant to � 4B 1.5(b)(1),
the offense level shall be increased by 5.

� 4B 1 .5(b)( 1 ), Repeat and Dangerous Sex Offender Against Minors +5

Offense Level 45 (life)

B. Adjustment for Acceptance of Responsibility : Assuming your client clearly
demonstrates acceptance of responsibility, to the satisfaction of the Government, through your
client's allocution and subsequent conduct prior to the imposition of sentence the Government
agrees that a 2-level reduction would be appropriate, pursuant to U.S.S.G. � 3El.l(a).
Furthermore, assuming your client has accepted responsibility as described in the previous
sentence and that your client's base offense level is 16 or greater, the Government agrees that an
additional 1 -level reduction would be appropriate, pursuant to � 3El.l(b), U.S.S.G., because
your client has assisted authorities by providing timely notice of your client's intention to enter a
plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the
Court to allocate its resources efficiently.



4



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 5 of 11



Agreement as to Sentencing Allocution

6. The parties agree that your client may seek a sentence outside of the Guideline
Range established by the Sentencing Guidelines and may suggest that the Court consider a
sentence outside of the Guidelines range based upon the factors to be considered in imposing
sentence pursuant to Title 18, United States Code, � 3553(a).

7. Nothing in this Agreement limits the right of the Government to seek denial of the
adjustment for acceptance of responsibility, see U.S.S.G., � 3E1.1, and/or imposition of an
adjustment for obstruction of justice, see U.S.S.G., � 3C1.1, regardless of any stipulation set
forth above, should your client move to withdraw your client's guilty plea after it is entered, or
should it be determined that your client has either (i) engaged in conduct, unknown to the
Government at the time of the signing of this Agreement, that constitutes obstruction of justice or
(ii) engaged in additional criminal conduct after signing this Agreement.

8. In addition, the Government reserves its right to full allocution in any post-
sentence litigation in order to defend the Court's ultimate decision on such issues. Your client
further understands that the Government retains its full right of allocution in connection with any
post-sentence motion which may be filed in this matter and/or any proceeding(s) before the
Bureau of Prisons. In addition, your client acknowledges that the Government is not obligated
and does not intend to file any downward departure sentencing motion under � 5K1.1 of the
Sentencing Guidelines, or any post-sentence downward departure motion in this case pursuant to
Rule 35(b) of the Federal Rules of Criminal Procedure.

Court Not Bound by the Plea Agreement

9. It is understood that pursuant to Federal Rules of Criminal Procedure 1 1(c)(1)(B)
and 1 1(c)(3)(B) the Court is not bound by the above stipulations, either as to questions of fact or
as to the parties' determination of the applicable Guidelines range, or other sentencing issues. In
the event that the Court considers any Guidelines adjustments, departures, or calculations
different from any stipulations contained in this Agreement, or contemplates a sentence outside
the Guidelines range based upon the general sentencing factors listed in Title 18, United States
Code, � 3553(a), the parties reserve the right to answer any related inquiries from the Court.

Court Not Bound by the Non-Mandatory Sentencing Guidelines

1 0. It is understood that the sentence to be imposed upon your client is determined
solely by the Court. It is understood that the Sentencing Guidelines are not binding on the Court.
Your client acknowledges that your client's entry of a guilty plea to the charged offense
authorizes the sentencing court to impose any sentence, up to and including the statutory
maximum sentence, which may be greater than the applicable Guidelines range. The
Government cannot, and does not, make any promise or representation as to what sentence your
client will receive. Moreover, it is understood that your client will have no right to withdraw
your client's plea of guilty should the Court impose a sentence outside the Guidelines range.



5



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 6 of 11



Restitution



■ th^other' o



Ho ^ c

1 1 . Your client understands that in addition to lhe""< Dther penalties provided by law.
pursuant to 18 U.S.C. �� 2259 and 3664, it is mandat6"ry that the Court order your client to make
restitution for the full amount of any victim(Sf compensable losses. Because the Government
may not yet have identified all victims-m your client's crime or know whether restitution will be
requested, your client understands and that the Government will request that the Court order
restitution for any idenjifrea victim for the full amount of his/her losses that were caused by your
client's crime thaj^-rsche subject of this plea agreement. -

>^ 07 i+o s-c -

Your client understands that an imarftlcipated request for restitution by a victim(s)
or an unanticipated amount of a restitutip^rordered by the Court will not serve as grounds to
withdraw your client's guilty plea^Your client also understands that the Court may not decline to
order restitution because ofyotlr client's economic circumstances or the fact that the victim(s)
have, or may be entjttea to, receive compensation for any losses from any other source.
Restitution is payarjfe immediately at the time of sentencing unless ordered otherwise by the

Court ' ^ ^ s- c% , /o

13. Your client further/agrees to identify all assets over whi6flhe exercises control,
directly or indirectly, (or has exercised such control, within the past five years). Your client also
agrees to identify all asset^in which he has or had during that time any financial interest. Your
client agrees to take aJHteps as requested by the Government to obtain from any other parties by
any lawful means arty records of assets owned at any time by your client. Your client agrees to
undergo any poJy*graph examination the Government may choose to administer concerning such
assets and te^provide and/or consent to the release of your client's tax returns for the previous
five years'!



Forfeiture



14. The Government and the defendant hereby agree that the property to be forfeited
includes, but is not limited to, the following items seized from the defendant, and currently in the
custody and/or control of the Federal Bureau of Investigation that were properly seized and were
involved in or used in violation of Federal law by defendant:



a.


iPad 16G, S/N DMQGLG77DKPH


b.


HP G60 Laptop, S/N 2CE947CHWZ


c.


Attache thumb drive


d.


Kingston thumb drive


e.


Toshiba thumb drive


f.


Silver rings


g-


CD labeled "June 2012"


h.


Second CD labeled "June 2012"


i.


CD labeled "AT&T"


j-


Canon Powershot Camera



6



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 7 of 11



The defendant agrees that such items are subject to seizure and forfeiture by the United States,
and that no defense exists to the seizure and forfeiture of that property by the United States. As
such, the defendant hereby relinquishes all claim, title, and interest he has in the above-
referenced property to the United States of America and agrees not to oppose any civil,
administrative, or judicial forfeiture of the property. In addition, defendant acknowledges that the
Government is continuing to analyze items seized. He agrees that, if the analysis determines that
those items are forfeitable, he will not contest forfeiture or destruction by the Government by any
means it chooses and at any time. The defendant knowingly and voluntarily waives any right to
timely notice provided for in 18 U.S.C. � 983. In the event that the law enforcement agency
having custody of the property decides not to pursue forfeiture of the property due to its minimal
value, the defendant hereby abandons any interest he has in such property and consents to its
destruction by the law enforcement agency.

Waiver of Rights

1 5. In entering this plea of guilty, your client understands and agrees to waive certain
rights afforded to your client by the Constitution of the United States and/or by statute, including:
the right against self-incrimination with respect to the offense to which your client is pleading
guilty; the right to be tried by a jury, or by a judge sitting without a jury; the right to be assisted
by an attorney at trial; and the right to confront and cross-examine witnesses. Your client further
agrees that the District Judge should make any Sentencing Guidelines determinations.

16. Your client is aware that federal law, specifically 18 U.S.C. � 3742, affords your
client the right to appeal the sentence in this case. Your client is aware that the Government's
factual stipulations and predictions about the calculation of the sentencing guidelines are not
binding on the sentencing judge. Knowing that, your client waives the right to appeal his
sentence or the manner in which it was determined pursuant to 18 U.S.C. � 3742, except to the
extent that (a) the Court sentences your client to a period of imprisonment longer than the
statutory maximum, or (b) the Court departs upward from the applicable Sentencing Guideline
range pursuant to the provisions of U.S.S.G. � 5K2.0 or based on a consideration of the
sentencing factors set forth in 18 U.S.C. � 3553(a). Further, your client reserves the right to
make a collateral attack upon your client's sentence pursuant to 28 U.S.C. � 2255, if new and
currently unavailable information becomes known to him. In agreeing to this waiver, your client
is aware that your client's sentence has yet to be determined by the Court. Realizing the
uncertainly in estimating what sentence the Court ultimately will impose, your client knowingly
and willingly waives your client's right to appeal the sentence, to the extent noted above, in
exchange for the concessions made by the Government in this Agreement.

Release/Detention

17. Your client agrees not to object to the Government's recommendation to the Court
at the time of the plea of guilty in this case that, pursuant to 18 U.S.C. � 3143, your client be
detained without bond pending your client's sentencing in this case and that if a term of
incarceration is imposed that he will not seek to be released after sentencing.



7



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 8 of 11



Sexual Offender Registration

1 8. Your client acknowledges and agrees that pursuant to the Sex Offender
Registration and Notification Act 18 U.S.C � 2250. 42 USC �� 16911(2), 16915(a)(1), he is
required to register as a sex offender for a minimum period of 15 years and to keep the
registration current in jurisdictions where he resides, where he is employed and where he is a
student. He understands that the requirements for registration include providing his name,
residence address, and the names and addresses of any places where he will be employed or a
student, among other information. Your client understands that should he knowingly fail to
comply with his obligations under the Sex Offender Registration and Notification Act, pursuant
to 18 U.S.C. Code � 2250, he could be prosecuted for the offense of failure to register and
subject to a term of up to ten years imprisonment, a fine or both. He further understands that
compliance with the requirements of the Sex Offender Registration and Notification Act is a
specific condition of supervised release pursuant to 18 U.S.C. � 3583 and that failure to comply
with his obligations under the Act could subject him to revocation of supervised release in
addition to prosecution for the felony offense of failure to register.

Breach of Agreement

1 9. Your client understands and agrees that if, after entering this Plea Agreement,
your client fails specifically to perform or to fulfill completely each and every one of your
client's obligations under this Plea Agreement, or engages in any criminal activity prior to
sentencing, your client will have breached this Plea Agreement. In the event of such a breach:
(a) the Government will be free from its obligations under the Agreement; (b) your client will not
have the right to withdraw the guilty plea; (c) your client shall be fully subject to criminal
prosecution for any other crimes, including perjury and obstruction of justice; and (d) the
Government will be free to use against your client, directly and indirectly, in any criminal or civil
proceeding, all statements made by your client and any of the information or materials provided
by your client, including such statements, information and materials provided pursuant to this
Agreement or during the course of any debriefings conducted in anticipation of, or after entry of
this Agreement, including your client's statements made during proceedings before the Court
pursuant to Fed. R. Crim. P. 1 1 .

20. Your client acknowledges discussing with you Federal Rule of Criminal
Procedure 11(f) and Federal Rule of Evidence 410, rules which ordinarily limit the admissibility
of statements made by a defendant in the course of plea discussions or plea proceedings if a
guilty plea is later withdrawn. Your client knowingly and voluntarily waives the rights which
arise under these rules.

2 1 . Your client understands and agrees that the Government shall only be required to
prove a breach of this Plea Agreement by a preponderance of the evidence. Your client further
understands and agrees that the Government need only prove a violation of federal, state, or local
criminal law by probable cause in order to establish a breach of this Plea Agreement.

22. Nothing in this Agreement shall be construed to permit your client to commit

8



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 9 of 11



perjury, to make false statements or declarations, to obstruct justice, or to protect your client from
prosecution for any crimes not included within this Agreement or committed by your client after
the execution of this Agreement. Your client understands and agrees that the Government
reserves the right to prosecute your client for any such offenses. Your client further understands
that any perjury, false statements or declarations, or obstruction of justice relating to your client's
obligations under this Agreement shall constitute a breach of this Agreement. However, in the
event of such a breach, your client will not be allowed to withdraw this guilty plea.

Waiver of Statute of Limitations

23. It is further agreed that should the conviction following your client's plea of guilty
pursuant to this Agreement be vacated for any reason, then any prosecution that is not time-
barred by the applicable statute of limitations on the date of the signing of this Agreement
(including any counts that the Government has agreed not to prosecute or to dismiss at
sentencing pursuant to this Agreement) may be commenced or reinstated against your client,
notwithstanding the expiration of the statute of limitations between the signing of this Agreement
and the commencement or reinstatement of such prosecution. It is the intent of this Agreement to
waive all defenses based on the statute of limitations with respect to any prosecution that is not
time-barred on the date that this Agreement is signed.

Complete Agreement

24. No other agreements, promises, understandings, or representations have been
made by the parties or their counsel than those contained in writing herein, nor will any such
agreements, promises, understandings, or representations be made unless committed to writing
and signed by your client, defense counsel, and a Department of Justice Trial Attorney.

25. Your client further understands that this Agreement is binding only upon the
Criminal Division of the United States Department of Justice. This Agreement does not bind any
United States Attorney's Office, nor does it bind any other state, local, federal, or military
prosecutor.

26. If the foregoing terms and conditions are satisfactory, your client may so indicate
by signing the Agreement in the space indicated below and returning the original to me once it
has been signed by your client and by you or other defense counsel.



9



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 10 of 11



Sincerely yours,



By:



By:



ANDREW G. OOSTERBAAN

Chief, Child Exploitation and Obscenity Section

CriminaLDivision

United^Staxes Department of Justice



Ml YUNG P
TRIAL ATTO






H CHANG
L ATTORNEY



10



Case l:13-cr-00193-ESH Document 3 Filed 10/02/13 Page 11 of 11



DEFENDANT'S ACCEPTANCE



I have read this Plea Agreement and have discussed it with my attorney, Jonathan
Jeffress, Esquire. I fully understand this Agreement and agree to it without reservation. I do this
voluntarily and of my own free will, intending to be legally bound. No threats have been made to
me nor am I under the influence of anything that could impede my ability to understand this
Agreement fully. I am pleading guilty because I am in fact guilty of the offense identified in this
Agreement.

I reaffirm that absolutely no promises, agreements, understandings, or conditions have
been made or entered into in connection with my decision to plead guilty except those set forth in
this Plea Agreement. I am satisfied with the legal services provided by my attorney in
connection with this Plea Agreement and matters related to it.



I have read each of the pages constituting this Plea Agreement, reviewed them with my
client, and discussed the provisions of the Agreement with my client, fully. These pages
accurately and completely set forth the entire Plea Agreement. I concur in my client's desire to
plead guilty as set forth in this Agreement.



Date:




Hector Orjuela, Jr.
Defendant




ATTORNEY'S ACKNOWLEDGMENT




11



Case l:13-cr-00193-ESH Document 4 Filed 10/02/13 Page 1 of 4



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,



CRIMINAL NO.



13-CR-193 (ESH)



v.



HECTOR ORJUELA, JR.



FILED



Defendant




STATEMENT OF THE OFFENSE



The parties in this case, the United States of America and the defendant, Hector Orjuela,
Jr., stipulate and agree that the following facts are true and accurate. These facts do not constitute
all of the facts known to the parties concerning the charged offense; they are being submitted to
demonstrate that sufficient facts exist that the defendant committed the offense to which he is
pleading guilty.

1 . Defendant is a United States Citizen born in Torrance, California.

2. On or about August 13, 2012, the defendant, using his U.S. passport, traveled from the
United States to Shanghai, China. Around the end of August 2012, the defendant met
the mother of minor female victims Jane Doe 1 and Jane Doe 2 for the first time at a
local market in Shanghai, China. The mother of Jane Does 1 and 2 recognized
defendant as having taught English in schools in Shanghai, China and spoke to him
about tutoring her four children, including Jane Does 1 and 2, in the English language.



Case l:13-cr-00193-ESH Document 4 Filed 10/02/13 Page 2 of 4



Defendant agreed to tutor the four children and defendant started tutoring the children
twice a week. Defendant tutored the children on an individual basis in the basement of
the children's home from the end of August 2012 to around November 13. 2012 when
he departed Shanghai.

3. On or about November 13, 2012, defendant left China. On or about November 23.
2012, using his U.S. passport, the defendant traveled from the United States to
Shanghai, China. Defendant resumed tutoring of Jane Does 1 and 2 and their two
siblings. Both Jane Does 1 and 2 were five years old during the time that defendant
tutored them.

4. Defendant admits that between August 13, 2012 through November 28, 2012, he
engaged in illicit sexual conduct with Jane Doe 1 . a five year old minor female, during
a tutoring session. The illicit sexual conduct that the defendant engaged in with Jane
Doe 1 was the intentional touching, not through the clothing, of the genitalia of Jane
Doe 1 who was five years old at the time, with an intent to arouse the sexual desire of
the defendant.

5. Defendant admits that between August 13, 2012 through November 28, 2012, he
attempted to engage in illicit sexual conduct with Jane Doe 2, a five year old minor
female, during a tutoring session when he touched Jane Doe 2 with the intent to touch



Case l:13-cr-00193-ESH Document 4 Filed 10/02/13 Page 3 of 4



her genitalia, not through the clothing, to arouse his sexual desire, but stopped when
Jane Doe 2 resisted.



6. The defendant engaged in the illicit sexual conduct described above with Jane Doe 1 on
at least four occasions and attempted to engage in illicit sexual conduct with Jane Doe 2
on at least two occasions.



7. Defendant is a relative of minor female Jane Doe 3. On or about July 7. 2012.
defendant crossed state lines by traveling from Illinois to Maryland. On or about July
1 2, 201 2, defendant visited Jane Doe 3 at a family gathering in Maryland. Jane Doe 3
was 7 years old in July 2012. At this family gathering, defendant spent time alone
with Jane Doe 3. During this time alone, the defendant removed Jane Doe 3's
underwear and used his Canon Powershot camera to take two close-up photographs of
Jane Doe 3's vaginal area. Defendant agrees that these two images constitute
lascivious exhibition of the genital area of Jane Doe 3. Defendant also admits that he
intentionally touched, not through the clothing, the genitalia of Jane Doe 3 at this time.

8. After taking the pictures of Jane Doe 3's vaginal area, the defendant transported his
Canon Powershot camera containing these images out of the State of Maryland.
Defendant's Canon Powershot camera was not manufactured in the State of Maryland.



3



Case l:13-cr-00193-ESH Document 4 Filed 10/02/13 Page 4 of 4



DEFENDANT'S ACKNOWLEDGMENT



I have read this Statement of the Offense and have discussed it with my attorney,
Jonathan S. Jeffress, Esquire. I fully understand this Statement of the Offense. I agree
and acknowledge by my signature that this Statement of the Offense is true and accurate.
I do this voluntarily and of my own free will. No threats have been made to me nor am I
under the influence of anything that could impede my ability to understand this Statement
of the Offense fully.



I have read this Statement of the Offense, and have reviewed it with my client fully.
I concur in my client's desire to adopt this Statement of the Offense as true and accurate.



/ ?





Hector Orjuela
Defendant



ATTORNEY'S ACKNOWLEDGMENT





Jonathan S. Jefir^ss^lEsquire
Attorney for^Hector Orjuela



4



Case l:13-cr-00193-ESH Document 5 Filed 10/03/13 Page 1 of 1



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



v.



Defendant



FILED

OCT - 3 2013

Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia



Criminal No. _- (ESH)

13-^3



SENTENCING SCHEDULING ORDER

It is hereby



ORDERED that the sentencing in this case is set for




in Courtroom



23A; and it is further �3^ ^'^C/f^V]

ORDERED that the probation officer assigned to this case disclose the initial version of
the presentence investigation report to the parties forty (40) days from the date of this Order; and
it is further

ORDERED that counsel submit their objections to the probation officer ten (10) days
after the report is initially disclosed by the probation officer; and it is further

ORDERED that the probation officer disclose to the parties and file with the court the
final presentence investigation report ten (10) days after the parties have submitted their
objections; and it is further

ORDERED that the parties file any memoranda in aid of sentencing with the court ten
(10) days after the final version of the presentence investigation report is disclosed by the
probation officer, with responses thereto due five (5) days thereafter. The parties' submissions
must contain supporting case law or any other authority that the parties intend to rely upon.

SO ORDERED.

ELLEN SEGAL HUVELLE
United States District Judge




Case l:13-cr-00193-ESH Document 6 Filed 10/29/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



DEFENDANT HECTOR ORJUELA'S
MOTION TO CONTINUE SENTENCING DATE

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully

submits this Motion to Continue Sentencing Date. In support of this Motion, Mr. Orjuela

respectfully submits as follows:

1 . Mr. Orjuela plead guilty on October 2, 2013. At that time, the Court set
sentencing for December 17, 2013.

2. Mr. Orjuela is not from the Washington, D.C. area. His family is located in
Miami, Florida, in Colombia, South America, as well as other places. After discussing this
matter with Mr. Orjuela and his family members, it will be very difficult for all the family
members who want to attend the sentencing to be present on December 17th. In addition,
counsel anticipates that this will be a highly contested sentencing that will require a substantial
amount of preparation by counsel.

3. As a result of the above, the defense respectfully requests that the Court continue
the sentencing date to a date in mid to late January 2014.

4. Undersigned counsel contacted the government concerning this Motion yesterday,



Case l:13-cr-00193-ESH Document 6 Filed 10/29/13 Page 2 of 3



but has not heard back. At the time the sentencing date was set, government counsel informed
defense counsel that it was fine with continuing the sentencing until the new year.

WHEREFORE, for the foregoing reasons, Mr. Orjuela respectfully moves this
Honorable Court to continue the sentencing until mid to late January, 2014.



Respectfully submitted,

/s/

Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



2



Case l:13-cr-00193-ESH Document 6 Filed 10/29/13 Page 3 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



ORDER

Upon consideration of defendant's Motion to Continue Sentencing Date, and for good

cause shown, it is this day of ,

2013, hereby

ORDERED that the motion is GRANTED; and it is further



ORDERED that he hearing is continued until
am/pm.



, 2014 at



SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Case l:13-cr-00193-ESH Document 8 Filed 12/16/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA, : CRIMINAL NO. 12-CR-281 (ESH)

13-CR-193 (ESH)

v. :
HECTOR ORJUELA, JR.

Defendant

GOVERNMENT'S OBJECTIONS TO THE PRESENTENCE REPORT
The United States hereby respectfully objects to the following in the Presentence Report
(hereinafter "PSR") filed on December 5, 2013:

• On page 1, Count 1 should reflect a charge under 18 U.S.C. � 2423(c) & (e).

• On page 2, Under "Release Status," the defendant was "removed" not "extradited" to the
District of Columbia.

• On page 4, numeral 2, the forfeiture provisions should include subsection (c) of the
Notice of Forfeiture in the Indictment for case 12cr281, which reads, "in the event that
any property described in (a) and (b) cannot be located upon the exercise of due
diligence; has been transferred or sold to, or deposited with, a third party; has been placed
beyond the jurisdiction of the court; has been substantially diminished in value; or has
been commingled with other property which cannot be divided without difficulty, all
other property of the defendant, pursuant to � 853(p), to the extent of the value of the
property described in (a) and (b)."

• On page 4, numeral 4, the forfeiture provisions should include subsections (a), (b), and
(c) of the Forfeiture Allegation in the Indictment in 13crl78, which reads, "(a) Any visual
depiction described in Title 18, United States Code, sections 2251, 2251 A, or 2252, or
any book, magazine, periodical, film, videotape, or other matter which contains any such
visual depiction, which was produced, transported, mailed, shipped or received in
violation of Title 18, United States Code, Chapter 1 10; (b) any property, real or personal,
constituting or traceable to gross profits or other proceeds obtained from the offenses;
and (c) any property, real or personal, used or intended to be used to commit or to
promote the commission of the offenses." In addition, the forfeiture provisions should
also state, "If any of the property described above, as a result of any act or omission of
the defendant cannot be located upon the exercise of due diligence; has been transferred
or sold to, or deposited with, a third part; has been placed beyond the jurisdiction of the
court; has been substantially diminished in value; or has been commingled with other
property which cannot be divided without difficulty, the United States of America shall
be entitled to forfeiture of substitute property pursuant to Title 21, United States Code,
Section 853(p), as incorporated by Title 18, United States Code, Section 2253(b) and



Case l:13-cr-00193-ESH Document 8 Filed 12/16/13 Page 2 of 3



Title 28, United States Code, Section 2461(c)."

On page 4, numeral 5, the date on which defendant waived venue to the District of
Columbia is December 2, 2013, not December 3, 2013.

On page 4, numeral 6, the case numbers should read 12cr00281 and 13cr00193.

On page 5, numeral 7, footnote 3, the offense Aggravated Sexual Abuse should also

include the description "involving a child who has not attained the age of 12."

On page 7, numerals 18 and 19, the August date should read August 13, 2012, not August

30,2012.

On page 8, numeral 25, according to the interview reports, Jane Doe 2 stated that the
defendant took some "saliva" from his pocket and made her swallow it, not something
"wet." In addition, this statement and everything that follows was provided by the
mother of Jane Does 1 & 2 during a separate FBI interview.

On page 8, numeral 26, the medical examination summary should include the following
fact: that during the examination, the mother of Jane Does 1 & 2 observed a scratch on
Jane Doe l's anus.

On page 8, numeral 27, after the sentence, "Her sons, at the time, were ages 1 1 and 8,"
should follow: "Her 1 1 year old son stated that the defendant touched his buttocks and
penis from outside his clothes on two separate occasions. Her 8 year old son advised that
the defendant would insult and threaten. . . ."

On page 8, numeral 27, the last sentence in that paragraph should read, "During a
previous interview with the FBI, both children denied that the defendant had previously
sexually, or physically, abused them."

On page 9, after numeral 29, should be added the following: "The above information was
obtained pursuant to an interview of Jane Doe 3 conducted by the FBI on February 22,
2013."

On page 13, numeral 52, the United States also notes that the defendant admitted in his
letter dated March 30, 2012 to this cousin, the mother of Jane Doe 3, that "I did abuse
those 2 girls in China but didn't go to the extreme of hurting them lets say having sex
with them." Defendant also admitted that he abused Jane Doe 3 and explained, "In this
moment I'm still questioning myself why I decided to abuse [Jane Doe 3]. I guess
because she was very close to me and mainly because I disrespect her especially at your
parents' house. I know I did wrong. . . ."

On page 14, numeral 57, the USSG section cited should be � 2G1. 3(b)(4)(A).
On page 15, numeral 66, the USSG section cited should be � 2G1. 3(b)(4)(A).
On page 23, numeral 142, the total offense level should be 45, not 43.



Respectfully submitted,

__/s

SARAH CHANG
TRIAL ATTORNEY

__/s

MI YUNG PARK
TRIAL ATTORNEY



Case l:13-cr-00193-ESH Document 8 Filed 12/16/13 Page 3 of 3



CERTIFICATE OF SERVICE

I hereby certify that I have caused a copy of this filing to be sent to counsel for defendant,
Jonathan Jeffress, via e-mail on December 16, 2013, to jonathan jeffress@fd.org .

/s

SARAH CHANG
TRIAL ATTORNEY



Case l:13-cr-00193-ESH Document 9 Filed 12/19/13 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



DEFENDANT HECTOR ORJUELA'S UNOPPOSED
MOTION TO CONTINUE SENTENCING DATE

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully

submits this Unopposed Motion to Continue Sentencing Date. In support of this Motion, Mr.

Orjuela respectfully submits as follows:

1 . Mr. Orjuela plead guilty on October 2, 2013. Based on a prior motion to continue
the sentencing, the Court set sentencing for January 15, 2014. The draft PSR has been prepared
in this case and delivered to counsel.

2. Mr. Orjuela is not from the Washington, D.C. area, and therefore counsel wants to
ensure that this matter is ready for sentencing on the scheduled date. Counsel's preparation for
Mr. Orjuela 's sentencing involves obtaining information from several sources, a process that is
complicated by the impending Holidays. Counsel is unsure that he can obtain all necessary
information by the January 15, 2014 sentencing date.

3. As a result of the above, the defense respectfully requests that the Court continue
the sentencing date to a date in mid to late February 2014.

4. Undersigned counsel contacted the government concerning this Motion. The



Case l:13-cr-00193-ESH Document 9 Filed 12/19/13 Page 2 of 3



government has no objection to this motion.

WHEREFORE, for the foregoing reasons, Mr. Orjuela respectfully moves this
Honorable Court to continue the sentencing until mid to late February, 2014.



Respectfully submitted,

/s/

Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



2



Case l:13-cr-00193-ESH Document 9 Filed 12/19/13 Page 3 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



ORDER

Upon consideration of defendant's Motion to Continue Sentencing Date, and for good

cause shown, it is this day of ,

2013, hereby

ORDERED that the motion is GRANTED; and it is further



ORDERED that he hearing is continued until
am/pm; and it is further



, 2014 at



ORDERED that counsel shall submit their objections to the probation officer by January
10, 2014.

SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Filed & Entered: 12/27/2013



O Order on Motion to Continue



MINUTE ORDER granting [9] Unopposed Motion to Continue Sentencing as to
HECTOR ORJUELA JR. (1). The Sentencing formerly set for 1/15/2014 is reset to
2/27/2014 @ 3:00 p.m. Signed by Judge Ellen S. Huvelle on 12/27/2013. (zmm, )



Filed & Entered: 12/27/2013 1 9 Set/Reset Hearings



Full docket text:

Set/Reset Hearings as to HECTOR ORJUELA, JR: Sentencing set for 2/27/2014 03:00
PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, )



Filed & Entered: 01/02/2014



9 Order



Full docket text:

MINUTE ORDER as to HECTOR ORJUELA, JR.: At the request of the parties, the
deadline for filing sentencing memoranda is extended to 2/13/2014 and responses
(if any) to sentencing memoranda are due by 2/20/2014. Sentencing in this case
remains set for 2/27/2014 @ 3:00 p.m. Signed by Judge Ellen S. Huvelle on 1/2/2014.
(zmm, )



Case l:13-cr-00193-ESH Document 10 Filed 01/13/14 Page 1 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



DEFENDANT HECTOR ORJUELA'S UNOPPOSED
MOTION TO RESCHEDULE SENTENCING DATE

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully

submits this Unopposed Motion to Reschedule Sentencing Date. In support of this Motion, Mr.

Orjuela respectfully submits as follows:

1 . Mr. Orjuela plead guilty on October 2, 2013. Based on Mr. Orjuela' s prior
motion to continue the sentencing, the Court set sentencing for February 27, 2014.

2. Unfortunately, Mr. Orjuela's brother cannot attend sentencing on February 27,
2014, as he is already scheduled to be out of the country.

3. As a result of the above, the defense respectfully requests that the Court continue
the sentencing to February 19th or 20th, 2014. Counsel understands from both Chambers and
government counsel that these are good dates for all parties.

4. Undersigned counsel contacted the government concerning this Motion. The
government has no objection to this motion.

WHEREFORE, for the foregoing reasons, Mr. Orjuela respectfully moves this
Honorable Court to reschedule the sentencing for February 19th or 20th, 2014.



Case l:13-cr-00193-ESH Document 10 Filed 01/13/14 Page 2 of 3



Respectfully submitted,

/s/

Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



2



Case l:13-cr-00193-ESH Document 10 Filed 01/13/14 Page 3 of 3



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



ORDER

Upon consideration of defendant's Motion to Continue Sentencing Date, and for good

cause shown, it is this day of ,

2014, hereby

ORDERED that the motion is GRANTED; and it is further



ORDERED that he hearing is continued until
am/pm; and it is further



, 2014 at



ORDERED that counsel shall submit their objections to the probation officer by January
10, 20 14; and it is further

ORDERED that sentencing memoranda are now due two weeks before the new
sentencing date, and responses one week after that.

SO ORDERED.



The Honorable Ellen S. Huvelle
United States District Judge



Filed & Entered: 01/17/2014



�� Order on Motion to Continue



Full docket text:

MINUTE ORDER granting [10] Unopposed Motion to Continue Sentencing as to
HECTOR ORJUELA JR. (1). The sentencing currently set for 2/27/2014 is reset to
3/6/2014 @ 9:45 a.m. Signed by Judge Ellen S. Huvelle on 1/17/2014. (zmm, )



Filed & Entered: 02/14/2014



O Recommendation of PS I Repor



Full docket text for document 12:

Recommendation of PSI Report as to HECTOR ORJUELA, JR. re [11] Final Presentence
Investigation Report Not for public disclosure per Judicial Conference Policy.(Shaffer,
Brian)



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 1 of 20



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



HECTOR ORJUELA, JR.



Criminal Nos. 12-CR-281 (ESH)
13-CR-193 (ESH)



GOVERNMENT'S MEMORANDUM IN SUPPORT OF SENTENCING
Defendant, Hector Orjuela Jr., faces sentencing after pleading guilty before this Court on
October 2, 2013, to two counts of engaging in, and attempting to engage in, illicit sexual conduct
in a foreign place, in violation of 18 U.S.C. � 2423(c) in case number 12-CR-281 (ESH) and one
count of sexual exploitation of a minor for the purpose of producing child pornography, in
violation of 18 U.S.C. � 2251(a) in case number 13-CR-193 (ESH). He faces a statutory
mandatory minimum of 15 years of imprisonment and a maximum of 30 years' imprisonment for
the production charge and a maximum of 30 years of imprisonment for the illicit sexual conduct
charges, all to be followed by a period of supervised release between five years and life. 1 The
United States has reviewed the Presentence Report and concurs with the findings of the Probation
Office, including the determination that the applicable guideline range is life. The United States
respectfully submits that the Sentencing Guidelines establish a reasonable sentencing range that
appropriately accounts for each of the factors set forth in 18 U.S.C. � 3553(a), and accordingly
requests that this Court impose a sentence within the applicable guideline range.



1 The Guidelines recommend lifetime supervision for sex offense convictions. See U.S.S.G. � 5D1.2(b)(2)(Policy
Statement). See also 18 U.S.C. � 3583(k) (for any offense under section 2251, the authorized term of supervised
release is any term of years not less than five, or life.).



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FACTUAL BACKGROUND

Defendant, a U.S. citizen, first met his victims in case number 12-CR-281, Jane Does #1
and #2, as their English tutor in August of 2012. Invited into their home and entrusted with the
care and supervision of Jane Does #1 and #2, defendant abused that trust and used his time alone
with Jane Does #1 and #2 (each tutored separately) to molest and attempt to molest them sexually
repeatedly. Both Jane Doe #1 and #2 were five years old at the time of defendant's offenses.

The mother of Jane Does #1 and #2 had every reason to trust the defendant. He was
known to her as an English teacher at a reputable Shanghai school. When the defendant asked her
for a private area of the house in which to conduct his one-on-one tutoring sessions with the
children, the mother obliged. The defendant at first asked to tutor the children in the guest
bedroom of the house. When the mother refused, he settled for the basement, which also
happened to have an adjoining guest room and bathroom off of the main room.

The defendant used that time alone with the children, out of sight from their mother, to
molest and attempt to molest sexually Jane Does #1 and #2 repeatedly. For example, between
August 13, 2012 and November 28, 2012, the defendant sexually molested Jane Doe #1, a five
year old minor female, during a tutoring session by intentionally touching, not through the
clothing, Jane Doe #l's genitalia. During a forensic interview conducted on December 22, 2012,
Jane Doe #1 disclosed that the defendant touched her inside her vagina with his hands and
subsequently "put his hands in my butt." She stated that it hurt and that she could tell his hands
were inside because she could feel them.

The defendant also attempted to molest sexually Jane Doe #2, a five year old minor female,
during a tutoring session by attempting to touch Jane Doe #2's genitalia, not through the clothing,



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but stopped when Jane Doe #2 resisted. During a forensic interview conducted on December 22,
2012, Jane Doe #2 disclosed that the defendant put his fingers in her mouth and on her pants. In
addition, Jane Doe #2 identified several different parts of her body that the defendant touched,
including her vaginal and rectal areas. 2

The defendant's molestation of Jane Does #1 and #2 would have continued had their
mother not walked in on the defendant molesting Jane Doe #1 on or about November 28, 2012.
The mother was upstairs while the tutoring session between the defendant and Jane Doe #1 was
occurring downstairs in the basement. The mother was on the phone at the time and noticed at
one point that she could not hear English coming from the basement. Concerned, the mother
interrupted her phone call to check on the defendant and Jane Doe #1. As she walked down the
stairs, she witnessed Jane Doe #1 naked from the waist down and the defendant fondling Jane Doe
#l's vagina and anus with his fingers. The mother immediately had the defendant leave her
house. She then called her American friend who arrived at the home and called the U.S.
Consulate. American Citizen Services advised them to call local Shanghai police who then
detained the defendant.

On December 5, 2012, U.S. law enforcement officials interviewed the defendant while he
was in custody in Shanghai, China. After he was advised of his Miranda rights, the defendant
chose to waive them and voluntarily agreed to an interview. The defendant stated that he was
aware that Jane Does #1 and #2 were five years old. The defendant also admitted that he had

2 Jane Doe #2 first disclosed to her mother that the Defendant had sexually abused her in a similar manner to

that of Jane Doe #1 by penetrating her vagina with his fingers. During the forensic interview, Jane Doe #2 disclosed
that the defendant had touched her genital area under her dress but did not specifically indicate whether the touching
was over or under her clothing. For purposes of entering the guilty plea for offense conduct related to Jane Doe #2,
the Defendant admitted that he touched Jane Doe #2 with the intent to touch her genitalia not through the clothing to
arouse his sexual desire but stopped when she resisted. See Docket No. 24.



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touched and fondled the genitalia of both Jane Does #1 and #2 on several occasions. According to
the defendant, he had molested Jane Doe #1 in this manner four times and Jane Doe #2 only twice
because she had resisted.

During the investigation of the defendant's molestation of Jane Does #1 and #2, a search
warrant was executed on the defendant's electronic media found in his possession when he entered
the United States on December 21, 2012. On that electronic media, law enforcement agents
found a series of photographs that appeared to have been taken in the United States, specifically in
Maryland, and included sexually explicit photographs of a then unknown minor female' s genitalia.
For example, one of the photographs depicted a minor female's genitalia being spread apart by the
defendant's fingers, known to law enforcement because of an identifying ring worn on the
defendant's hand. Further investigation revealed the identity of this minor female, referred to as
Jane Doe #3, in case number 13-CR-193, as a relative of the defendant whom he had visited at a
family gathering in Maryland on or about July 12, 2012. At this family gathering, the defendant
spent time alone with Jane Doe #3, removed her underwear, and used his camera to take two
close-up photographs of her vaginal area. Jane Doe #3 was 7 years old in July 2012. After
taking the pictures of Jane Doe #3, the defendant transported his camera out of Maryland. 3



3 Forensic interviews were conducted of Jane Does #1, #2, and #3. The interview of Jane Doe #1 is being submitted
under seal as Government's Sentencing Exhibit A as a representative sample of the interviews conducted. Interviews
of Jane Does #2 and #3 can also be made available for the court's review upon notification to the Government.



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SENTENCING CALCULATION

Statutory Maximum Penalties

Engaging in Illicit Sexual Conduct in Foreign Places, in violation of 18 U.S.C. � 2423(c),
carries a statutory maximum penalty of thirty years' imprisonment, a term of supervised release of
not less than five years or life pursuant to 18 U.S.C. � 3583(k), a fine of up to $250,000 pursuant to
18 U.S.C. � 3571(b)(3), an order of restitution pursuant to 18 U.S.C. � 3663A, and a mandatory
special assessment of $100 pursuant to 18 U.S.C. � 3013(a)(2)(A). The defendant must also
register as a sex offender pursuant to 18 U.S.C. � 2250, 42 U.S.C. �� 16911(2) & 16915(a)(1).

Production of Child Pornography, in violation of 18 U.S.C. � 2251(a), carries a statutory
mandatory minimum penalty of 15 years' imprisonment, a maximum sentence of 30 years'
imprisonment, a fine of up to $250,000 pursuant to 18 U.S.C. � 3571(b)(3), an order of restitution
pursuant to 18 U.S.C. � 3663A, supervised release of not less than five years or life pursuant to 18
U.S.C. � 3584(k), and a mandatory special assessment of $100 pursuant to 18 U.S.C. �
3013(a)(2)(A). The defendant must also register as a sex offender pursuant to 18 U.S.C. � 2250,
42 U.S.C. �� 16911(2) & 16915(a)(1).
Calculation Under the Guidelines

In the Presentence Investigation Report, filed on December 5, 2013, and consistent with
the parties' plea agreement in this case, the defendant's adjusted offense level is calculated as
follows:

The advisory guideline range calculation for Count One in Crim. No. 12-cr-281 (ESH),
Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Base Offense Level, U.S.S.G. � 2G1. 3(a)(4) 24



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 6 of 20



Specific Offense Characteristics, � 2G1. 3(b)(2)(B), Undue Influence +2

� 2G1. 3(b)(4)(A), Sex Act/Contact +2
� 2G1. 3(b)(5), Victim Under 12 years +8

Total Adjusted Offense Level 36

The advisory guideline range calculation for Count Two in Crim. No. 12-cr-281 (ESH),

Engaging in Illicit Sexual Conduct in a Foreign Place, is as follows:

Base Offense Level, U.S.S.G. � 2G1. 3(a)(4) 24

Specific Offense Characteristics, � 2G1 .3(b)(2)(B), Undue Influence +2

� 2G1. 3(b)(4)(A), Sex Act/Contact +2

� 2G1. 3(b)(5), Victim Under 12 years +8

Total Adjusted Offense Level 36

The advisory guideline range calculation for Count One in Crim. No. 13-cr-193(ESH),

Sexual Exploitation of Children for the Production of Child Pornography, is as follows:

Base Offense Level, U.S.S.G. � 2G2.1 32
Specific Offense Characteristics, � 2G2. 1(b)(1)(A), Victim under 12 years +4

� 2G2. 1(b)(2)(A), Sex Act/Contact +2
� 2G2. 1(b)(5), Defendant Was Relative +2

Total Adjusted Offense Level 40

In accordance with U.S.S.G. � 3D1.4(a), the combined offense level is determined by

taking the offense level applicable to the Group with the highest offense level and increasing that

offense level by three levels. The highest offense level in our case is 40.



Combined Offense Level, U.S.S.G. � 3D1.4 40
Number of Units, � 3D 1 .4(a) 3
Increase in Offense Level � 3D 1.4 +3

Total Combined Offense Level 43

In accordance with U.S.S.G. � 3E1.1, because the defendant accepted responsibility, he is



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entitled to a three level decrease.

Acceptance of Responsibility, U.S.S.G. � 3E1.1 -3

Total Adjusted Offense Level 40

However, because a) the offenses to which the defendant pleaded guilty are covered sex

crimes, b) defendant is neither a Career Offender covered under � 4B1.1 nor did he commit the

instant offenses subsequent to sustaining at least one sex offense conviction, and c) defendant

engaged in a pattern of activity involving prohibited sexual conduct, pursuant to � 4B1. 5(b)(1), the

offense level shall be increased by five.

Repeat and Dangerous Sex Offender Against Minors, � 4B1. 5(b)(1) +5

Total Adjusted Offense Level 45

Based on a Criminal History Category I, the corresponding advisory sentencing range for

Counts One and Two in Crim. No. 12-cr-281 (ESH), and Count One in Crim. No. 13-cr-193 (ESH)

is life.

A sentence called for by the sentencing guidelines would be reasonable under the
circumstances in this case and meets the goals of 18 U.S.C. � 3553(a), in particular, based on the
following factors:

UNITED STATES' SENTENCING POSITION
Application of the Federal Guidelines post-Booker

In United States v. Booker , 125 S. Ct. 738 (2005), the Supreme Court held that the
mandatory application of the United States Sentencing Guidelines violates the Sixth Amendment
principles articulated in Blakely v. Washington , 124 S. Ct. 2531 (2004). As a consequence, the
Court invalidated the statutory provision that made the Guidelines mandatory, Title 18, United



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States Code, Section 3553(b)(1). Booker , 125 S. Ct. at 756. As the Supreme Court has stated, a
district court should begin all sentencing proceedings by correctly calculating the applicable
Guidelines range. See United States v. Gall , 552 U.S. 38, 49 (2007) ("As a matter of
administration and to secure nationwide consistency, the Guidelines should be the starting point
and the initial benchmark."). After giving both parties an opportunity to argue for an appropriate
sentence, the district court should then consider all of the applicable factors set forth in Title 18,
United States Code, Section 3553(a). Id. These factors include "the nature and circumstances of
the offense and the history and characteristics of the defendant" (18 U.S.C. � 3553(a)(1)); the need
for the sentence imposed to reflect the seriousness of the offense, to provide just punishment for
the offense, to afford adequate deterrence to criminal conduct, to protect the public from further
crimes of the defendant, and to provide the defendant with needed correctional treatment (18
U.S.C. � 3553(a)(2)); the kinds of sentences available (18 U.S.C. � 3553(a)(3)); the Sentencing
Guidelines and related Sentencing Commission policy statements (18 U.S.C. � 3553(a)(4) and
(a)(5)); the need to avoid unwarranted sentencing disparities (18 U.S.C. � 3553(a)(6)); and the
need to provide restitution to any victims of the offense (18 U.S.C. � 3553(a)(7)). The Guidelines
themselves seek to implement - in a fair and uniform way - these factors. A sentencing court
must make an "individualized assessment based on the facts presented." IcL at 49.

After calculating the guidelines range, the Court must consider the factors described in 18
U.S.C. � 3553(a) to reach a reasonable sentence, viewing the guidelines range as discretionary.
Booker , 543 U.S. at 266. Under the calculations adopted by probation, the defendant's total
offense level is 45 which is a guideline range of life. The defendant faces a statutory maximum of
30 years for Count 1 and 30 years for Count 2 for the charges in Crim No. 12-cr-281. The



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defendant faces a mandatory minimum sentence of 15 years and a maximum of 30 years'

imprisonment for Count 1 in Crim No. 13-cr-193. Section 5G1.2 of the U.S. Sentencing

Guidelines governs "Sentencing on Multiple Counts of Conviction" and in relevant part instructs

that "[i]f the sentence imposed on the count carrying the highest statutory maximum is less than

the total punishment, then the sentence imposed on one or more of the other counts shall run

consecutively, but only to the extent necessary to produce a combined sentence equal to the total

punishment." U.S.S.G. � 5G1.2(d). A sentence within that range is necessary to account for the

factors that the Court must consider under 18 U.S.C. � 3553(a).

Nature and Circumstances of the Offense and the History and Characteristics of the
Defendant

As outlined above, the defendant's offense behavior was repeated and surreptitious,
coming to light only when Jane Doe l's mother stumbled upon it. His offenses are made even
more egregious by his targeting of very young girls, between five and seven years old, and his
abuse of his positions of trust and authority, wherein he took advantage of time alone with the
minors to abuse them sexually. The damage the defendant caused to these minor victims cannot
be quantified.

In addition, the defendant's personal collection of child pornography was substantial and
forensic examinations revealed a total of 400-600 images and 30 videos of child pornography on
the defendant's electronic devices. While a handful of images and videos were of pubescent girls,
the vast majority of the images and videos are of girls who appear to be approximately 3-6 years
old, and then 7-9 years old. For example, one image found in the defendant's possession depicted
an Asian minor female who appears to be about 4-6 years old on her hands and knees with her head
turned backwards. The child's vagina and anus is exposed. Another image depicted a female



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 10 of 20



toddler bent over with a hand forcing open the anal opening of the toddler. One of the videos
depicted what appears to be a five year old child being raped by an adult male and subsequently
having an object forcibly placed into her anus.

It is clear that the defendant not only was a rabid consumer of child pornography, but was
also acting on his compulsions by sexually abusing children to whom he had access. In order to
perpetrate these offenses, the defendant placed himself in a position of trust to have access to
children. As a teacher and tutor, the defendant would have unfettered access to children, away
from their parents, and have opportunities to abuse them secretly. By manipulating his
affiliations and abusing the trust of parents, the defendant obtained access to children of his
preferred age. He skillfully manipulated children to stay silent despite repeated molestations by
him. Under the guise of a trusted teacher, the defendant made sure he was obtaining the sexual
gratification he so craved from young children.

The Government recognizes that the defendant has expressed remorse for his actions . The
defendant confessed to his sexual abuse of Jane Does #1 and #2 to law enforcement when
questioned. The defendant also wrote a letter of apology to Jane Doe #3' s mother for his abuse of
Jane Doe #3. In that respect the Government recognizes that the defendant is remorseful and
would like to stop his abuse of children. However, as the defendant's own words in a letter to
Jane Doe #3's mother demonstrate, he has had this sexual attraction to children since 1992 that he
cannot control: "[W]hen I became a teacher in Colombia in 1992 I found out I liked little girls but
couldn't hurt them .... since then I've been just dreaming and wondering if I could do or have a
girl to be with." Exhibit B, p. 3.4 What began as a desire to act out became an inability to
control his sexual impulses towards little children: "Last year was a very strange one because I had

4 The Government will file separately, under seal, exhibits A, B, and C in support of its sentencing memorandum.
Exhibit A will be made available to defense and Exhibits B and C will be provided to defense.



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 11 of 20



in mind to try and do something if I had the chance. I don't know why I decided to do it knowing

that all previous years I didn't do anything wrong." Id. He cannot explain why he could not stop

himself from abusing Jane Does #1 and #2 precisely because this abusive behavior is not under his

control. The defendant collected child pornography of young children to fuel his desires and

ultimately sexually abused the young children with whom he was entrusted. The defendant

himself recognizes that whatever sexual abuse he was subject to as a child cannot be an excuse for

his behavior: "I do know that my abuse is not part or the entire reason why I did what I did."

Exhibit B, p. 4. Rather, he readily admits that his desire to abuse children is a deeply embedded

part of who he is: "What I do truly believe is that part of the way I am liking girls and my abuse

made me the person I am." Id. However, defendant still seems to struggle with the fact that he

violated, abused, and hurt these children: "I did abuse those 2 girls in China but didn't go to the

extreme of hurting them lets say having sex with them." Id. In his mind, so long as he did not

engage in sexual intercourse with the girls, he did not hurt them. This equivocating by the

defendant should show the court that defendant has not fully reckoned with the consequences of

his offense behavior. The nature of defendant's offenses against Jane Does #1, #2, and #3, as well

as the characteristics and history of the defendant show that the defendant lacks impulse control

and a full appreciation for the harm he caused and thus poses a danger to society. A guideline

sentence is absolutely necessary to protect young children from the defendant's inability to control

or appreciate the harm caused by his sexually abusive behavior. See infra at pp. 12-16.

The Need for the Sentence to Reflect the Seriousness of the Offense, to Promote Respect
for the Law, and to Provide Just Punishment

As set forth above, the defendant's conduct is reprehensible and there is nothing in his
conduct that would suggest that any type of variance should be considered. While sexually



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abusing children with his own hands, the defendant also possessed and produced child

pornography depicting the child he had victimized. These are serious offenses, leaving more than

Jane Does #1, #2, and #3 in their paths. At least as early as the landmark decision, New York v.

Ferber , 458 U.S. 747 (1982), the Supreme Court acknowledged the harm suffered by children as a

result of the production and trafficking of child pornography:

[P]ornography poses an even greater threat to the child victim than does sexual
abuse or prostitution. Because the child's actions are reduced to a recording, the
pornography may haunt him in future years, long after the original misdeed took
place. A child who has posed for a camera must go through life knowing that the
recording is circulating within the mass distribution system for child pornography.

Ferber , 458 U.S. at 758, n.9.

Accordingly, the sentence must reflect the seriousness of the offense and its long-lasting
effects. A variance would promote a lack of respect for the law and fail to provide justice for the
victims of child pornography.

While Jane Doe #3 has not submitted a Victim Impact Statement, the parents of Jane Does

#1 and #2 have submitted a Victim Impact Statement which is being provided to the court under

seal as Government's Sentencing Exhibit C. 5

The Need to Afford Adequate Deterrence to Criminal Conduct and Protect the Public from
Further Crimes of the Defendant

Although he has no criminal history, the defendant poses a future danger to his young
victims, as demonstrated by his deceptive behavior, inability to fully appreciate the harms caused
by his sexual abuse of children, and his lack of impulse control. His sentence should address both



5 The victim impact statement has been provided to both defense counsel and probation. Along with the victim
impact statement, the Government has provided to both defense counsel and probation an email from Jane Doe #l's
mother indicating an allegation that Jane Doe #1 was abused by another individual in China during part of the relevant
period for defendant's offense behavior. At least five and possibly more minor victims have made allegations against
this other individual who is now in Chinese custody. This information is being provided to the court as additional
background information for the submitted victim impact statement as it relates to Jane Doe #1.



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the seriousness of his offenses and his future dangerousness. A guidelines sentence will help to
prevent future harm by the defendant. Likewise, the sentence needs to afford adequate general
deterrence. Congress, the Supreme Court, and the Sentencing Commission believe general
deterrence is a very important factor when considering an appropriate sentence. See, e.g. , United
States v. Irey , 612 F.3d 1160, 1211 (11th Cir. 2010) (quoting United States v. Ferber , 458 U.S.
747, 760 (1982)) ("The most expeditious if not the only practical method of law enforcement may
be to dry up the market for [child pornography] by imposing severe criminal penalties on persons
selling, advertising, or otherwise promoting the product"); 6 see also Osborne v. Ohio , 495 U.S.
103, 109-10 (1990) ("It is also surely reasonable for the State to conclude that it will decrease the
production of child pornography if it penalizes those who possess and view the product, thereby
decreasing demand."); United States v. Goff , 501 F.3d 250, 261 (3d Cir. 2007) ("[D]eterring the
production of child pornography and protecting the children who are victimized by it are factors
that should have been given significant weight at sentencing[.]"); United States v. Barevich , 445
F.3d 956, 959 (7th Cir. 2006) ("Transporting and receiving child pornography increases market
demand. The greater concern under the Guidelines is for the welfare of these exploited children.
The avenue Congress has chosen to weaken the child pornography industry is to punish those who
traffic in it."). In United States v. Goldberg , 491 F.3d 668, 672 (7th Cir. 2007), the Seventh
Circuit opined that:

Young children were raped in order to enable the production of the pornography that the
defendant both downloaded and uploaded - both consumed himself and disseminated to
others. The greater the customer demand for child pornography, the more that will be
produced. Sentences influence behavior, or so at least Congress thought when in 18
U.S.C. � 3553(a) it made deterrence a statutory sentencing factor. The logic of deterrence
suggests that the lighter the punishment for downloading and uploading child
pornography, the greater the customer demand for it and so the more will be produced.

6 The Irey court noted that " [c]hild sex crimes are among the most egregious and despicable of societal and criminal
offenses." 612 F.3d at 1206 (quoting United States v. Sarras , 575 F.3d 1191, 1220 (11th Cir. 2009).



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Not only was the defendant a consumer and producer of child pornography, he was acting
on these compulsions with children to whom he had access, behind closed doors. That he was
able to hide his offenses for so long speaks to his future dangerousness. To minimize his actions,
the defendant reported to the probation officer that he was previously a victim of sexual abuse.
This does not excuse his longstanding, calculated, manipulative, and exploitative behavior
towards children. Studies and literature on this topic have not found any clear causal link
between experiencing child sexual abuse and perpetrating such an abuse as an adult. It is clear,
however, that the majority of victims of child sexual abuse do not become perpetrators themselves.
"The victim-offender cycle in male sexual abuse has been popularized as an explanation of why
some males sexually offend. However, there are serious limitations to this explanation
Lambie, Ian et al., "Resiliency in the victim-offender cycle in male sexual abuse" in Sex Abuse: A
Journal of Research and Treatment 14(1) (2002) at 43. See also Glasser, M. et al., "Cycle of child
sexual abuse: links between being a victim and becoming a perpetrator" in The British Journal of
Psychiatry 179 (2001) at 488 (noting that "the data do not provide strong support for a cycle of
sexual substantial proportion of male perpetrators"); and Briggs, F. and R. Hawkins, "A
Comparison of the Childhood Experiences of Convicted Male Child Molesters and Men who were
Sexually Abused in Childhood and Claimed to be Nonoffenders" in Child Abuse & Neglect 20(3)
(1996) at 230 (concluding that "[S]exual abuse at particular ages and frequency of abuse do not of
themselves necessarily lead to an increased likelihood of perpetuating abuse across generations.").

Moreover, with respect to studies which have suggested that "prior victimization may have
some effect in a minority of perpetrators . . . [a]nother possibility is that some sexual perpetrators
may feign sexual victimization in order to gain sympathy, preferential treatment, or therapy."



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Glasser, M. et al., "Cycle of child sexual abuse: links between being a victim and becoming a
perpetrator" in The British Journal of Psychiatry 179 (2001) at 488. See also Hall, R.C.W., "A
Profile of Pedophilia: Characteristics of Offenders, Recidivism, Treatment Outcomes, and
Forensic Issues" in Mayo Clinic Proceedings 82(4) (2007) at 464 ("There is also legitimate
concern regarding the validity of many of the self-reports of pedophiles who claim to have been
abused as children themselves. These statements are often made in a legal or group treatment
setting, in which pedophiles may be trying to mitigate their sentence or gain sympathy for their
behavior."); Haywood, Thomas et al., "Cycle of Abuse and Psychopathology in Cleric and
Noncleric Molesters of Children and Adolescents" in Child Abuse & Neglect 20(12) (1996) at
1234 ("Studies into prevalence of childhood sexual abuse among sex offenders have produced
mixed results with 8% to 60% of child molesters reporting having been sexually abused as a child.
Variability in prevalence rates across studies may be due in part to differing motivations on the
part of subjects to give self-serving histories. . .") (citations omitted); and Briggs, F. and R.
Hawkins, "A Comparison of the Childhood Experiences of Convicted Male Child Molesters and
Men who were Sexually Abused in Childhood and Claimed to be Nonoffenders" in Child Abuse &
Neglect 20(3) (1996) at 232 ("Perpetrators may lie about their actions or attempt to excuse their
behavior by pointing to their own victimization as children. . . Excuse-making may be more
prevalent in settings where such behavior may be useful, such as in the early stages of therapy
(before learning that excuse-making is not acceptable) or during the trial process (perhaps under
the guidance of enthusiastic defense lawyers)."). The defendant's disclosure to the presentence
report writer, and his motivations for doing so, should accordingly be viewed with skepticism.
Indeed, "when verified by polygraph ... the percentage of offenders who experienced sexual
victimization in their own lives drops significantly." Hindman, Jan et al., "Shedding Light on the



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 16 of 20



Histories of Sex Offenders Using Clinical Polygraphy" in The Sexual Predator (vol. IV) (2010) at
20-5. See also Hindman, Jan et al., "Polygraph Testing Leads to Better Understanding Adult and
Juvenile Sex Offenders" in Federal Probation 65(3) (2001) at 8.

Finally, as noted by Judge Posner in United States v. Garthus , "[t]he heavier sentence
...will reduce [the defendant's] lifetime criminal activity by incapacitating him for a longer time
than if he received a lighter sentence." Garthus , 652 F.3d 715, 718 (7th Cir. 2011). In Garthus ,
Judge Posner found that defendant's characteristics to be more dangerous in that "[a] pedophilic
sex offender who has committed both a child-pornography offense and a hands-on sex crime is
more likely to commit a future crime, including another hands-on offense, than a defendant who
has committed only a child-pornography offense." Id. at 720. The Seventh Circuit found that
the sentencing court was entitled to emphasize protection of the public ahead of other
considerations in sentencing the defendant. Id. at 721.

The Need to Avoid Unwarranted Disparities

As will be further set forth below, Circuit courts have upheld lengthy sentences for
producers of child pornography. A Guidelines sentence, as constrained, of course, by the
statutory maximums in this case, would be a reasonable sentence 7 and would be sufficient but not
greater than necessary to punish the defendant for his conduct, reflect the seriousness of the
defendant's offenses, promote respect for the law, deter future conduct, and provide the public with
protection from future crimes.

Recently, in United States v. Hallman , 2013 WL 6511516 (4th Cir. 2013), the Fourth

Circuit upheld as substantively reasonable an aggregate term of 1440 months' imprisonment, an

imposition of four consecutive thirty- year sentences (the statutory maximum for a violation of 18

7 "A rebuttable presumption of reasonableness applies to sentences imposed within the correctly calculated
Guidelines range." United States v. Schiffer , 304 Fed. Appx. 889, 890 (D.C. Cir. 2008) (citing United States v.
Gardellini . 545 F.3d 1089, 1092 (D.C. Cir. 2008)).



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U.S.C. � 225 1(a)) for each count of production. Even in a case where the district court sentenced
a defendant who had pled guilty to two counts of production at an upward variance of 333 months
above the top of the advisory Guidelines range, the Fourth Circuit upheld the sentence as
substantively reasonable. See United States v. Smallwood , 2013 WL 2278758 (4th Cir. 2013).

The Seventh Circuit has "upheld lengthy sentences for defendants involved in producing
child pornography, even where the victims were not molested in the process." United States v.
Klug, 670 F.3d 797, 800 (7th Cir. 2012). In United States v. Noel , 581 F.3d 490 (7th Cir. 2009),
the Seventh Circuit upheld an 80-year sentence where a defendant, while babysitting his
stepbrother's child, abused his position of trust and took nude photos of the child while he slept.
Similarly, in United States v. Schuster , 706 F.3d 800, 809 (7th Cir. 2013), the Seventh Circuit
upheld a sentence of 262 months' imprisonment (nearly 22 years) for a defendant who had
produced child pornography showing the lascivious exhibition of genitals using three different
victims, two of whom were related to him.

In cases where multiple counts of conviction are to be considered at sentencing, courts
have upheld as reasonable lengthy sentences that result from the application of U.S.S.G. � 5G1.2.
For example, recently in United States v. Hamilton , 2013 WL 6726953 (2d Cir. 2013), the Second
Circuit upheld as substantively reasonable a cumulative sentence of 1,800 months for five counts
of production of child pornography, one count of receipt of child pornography, and one count of
possession of child pornography. Citing U.S.S.G. � 5G1.2(d), the Hamilton court reasoned that
the "district court [] was within the Guideline recommendation in imposing consecutive sentences
to the extent necessary to guarantee a life sentence." Hamilton , 2013 WL at *2. Furthermore, the
Second Circuit found that the "1,800 month actually imposed sentence falls below the 2,160



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 18 of 20



month cap, reflecting Hamilton's statutory maximum." Id. And while the Hamilton court

understood "that consecutive sentences on two counts would be sufficient to guarantee an effective

life sentence, any potential error in imposing additional consecutive sentences is necessarily

harmless, since any sentence in excess of Hamilton's actual lifespan cannot add so much as a day

to his term of imprisonment."

Accordingly, the United States respectfully requests that, after considering the facts and

circumstances of this case, the relevant guidelines, and the factors set forth in 18 U.S.C. � 3553(a),

this Court sentence the defendant in accordance with the Guidelines. As set forth above, such a

sentence would be substantively reasonable, serve the goals of general and specific deterrence,

protect the public from future crimes by the defendant by achieving his incapacitation, and afford

justice to the child victims.

To Provide the Defendant with Needed Educational or Vocational Training, Medical Care,
or Other Corrective Treatment.

The following is a list of facilities that offer sex offender treatment by the Bureau of
Prisons:

• Illinois USP Marion (Medium)

• Florida FCI Marianna (Medium)

• Virginia FCI Petersburg (Medium)

• Arizona USP Tucson (High)

• Texas FCI Seagoville (Low)
Ohio FCI Elkton (Low)

• Colorado FCI Englewood (Low)

• Massachusets FMC Devens (Administrative)



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 19 of 20



Sentencing Exhibits and Testimony
The United States reserves the right to present testimony, other exhibits, and a
supplemental filing in response to any memoranda or exhibits that the defendant files or chooses to
introduce in furtherance of sentencing.

Dated: February 14, 2014 Respectfully submitted,

ANDREW G. OOSTERBAAN
Chief, Child Exploitation & Obscenity
Section

s/Sarah Chang

SARAH CHANG

Trial Attorney

New York Bar No. 4844700

U.S. Department of Justice, Criminal

Division

Child Exploitation and Obscenity Section
1400 New York Ave. NW
Washington D.C. 20530
202-353-4979
Sarah.Chang @ usdoj .gov

s/Mi Yung C. Park

MI YUNG C. PARK

Trial Attorney

California Bar No. 202379

U.S. Department of Justice, Criminal

Division

Child Exploitation and Obscenity Section

1400 New York Ave. NW

Washington D.C. 20530

202-616-2780

Miyung .Park @ usdoj . gov



Case l:13-cr-00193-ESH Document 13 Filed 02/14/14 Page 20 of 20



CERTIFICATE OF SERVICE

I hereby certify that I have caused a copy of this filing to be sent to counsel for defendant,
Jonathan Jeffress, via e-mail on February 14, 2014, to jonathan jeffress@fd.org.



/s



SARAH CHANG
TRIAL ATTORNEY



Case l:13-cr-00193-ESH Document 15 Filed 02/24/14 Page 1 of 4



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



HECTOR ORJUELA, JR.



Criminal No. 13-CR-193 (ESH)



MOTION TO GRANT AN ADDITIONAL PERIOD
TO FINALIZE RESTITUTION MATTERS

COMES NOW the United States of America and respectfully requests this Court to allow
for the statutorily authorized additional time period to finalize restitution matters in this case. In
support of this Motion, the United States posits the following:

As this Court was made aware during the plea hearing, the defendant produced sexually
explicit images of Jane Doe #3 in this case. Jane Doe #3, through her mother, has not been able to
seek counseling for numerous reasons, including the fact that she has little financial means and her
mother has had trouble finding a Spanish speaking therapist. Furthermore, because no funds were
at her disposal, she was unable to seek restitution assessments. On February 24, 2014, Jane Doe
#3's mother contacted the undersigned and advised that she would be providing a victim impact
statement and that she would like to pursue restitution. The Government will provide the victim
impact statement to the court under seal, and to defense counsel, immediately upon receipt. Jane
Doe #3's mother advised that a psychological assessment of Jane Doe #3 was recently conducted
and that she expected to receive the report by March 12, 2014, six days after the sentencing in this
case.

As this Court is well aware, victims are accorded certain rights by virtue of their position as
victims of federal offenses. Pursuant to 18 U.S.C. � 3771, a crime victim has the right to full and



Case l:13-cr-00193-ESH Document 15 Filed 02/24/14 Page 2 of 4



timely restitution as provided in law. 18 U.S.C. � 3771(a)(6). The need for additional time is
imperative to the government' s duty to make best efforts to see that crime victims are accorded
their rights. 18 U.S.C. � 3771(c)(1).

"It is well established that children featured in child pornography are harmed by the
continuing dissemination and possession of that pornography. Such images are 'a permanent
record of the children' s participation and the harm to the child is exacerbated by their circulation. ' "
United States v. Burgess , 684 F.3d 445, 459 (4 th Cir.) (citing and quoting from New York v.
Ferber , 458 U.S. 747, 759 (1982); citing also Osborne v United States , 495 U.S. 103, 1 1 1 (1990)) ,
cert, denied, 133 S.Ct. 490 (2012). In Burgess , the Fourth Circuit found that a child pornography
defendant should be held responsible for the harm he proximately caused and found that an award
must be justified by a sufficient factual predicate but that this did not require "absolute precision."
684 F.3d at 460.

The offenses to which defendant pleaded guilty include an offense that falls under Chapter
1 10 of Title 1 8 and thus, the court shall order restitution under the mandatory restitution statute, 1 8
U.S.C. � 2259. The defendant's offenses may also necessitate restitution under 18 U.S.C. � 3663
and or 18 U.S.C. � 3663A. According to these provisions, restitution may be ordered for a variety
of costs, including necessary medical and related professional services and devices relating to
physical, psychiatric, and psychological care, as well as other expenses and losses.

Orders of restitution made under any of the three above restitution provisions are to be
enforced in accordance with 18 U.S.C. � 3664. Section 3664 provides that "[i]f the victim's
losses are not ascertainable by the date that is 10 days prior to sentencing ... the court shall set a
date for the final determination of the victim's losses, not to exceed 90 days after sentencing."

In light of the above, the United States respectfully requests that the Court allow for a



Case l:13-cr-00193-ESH Document 15 Filed 02/24/14 Page 3 of 4



separate restitution proceeding to be held up to 90 days beyond the present sentencing date.



Respectfully submitted,



/s/ Sarah Chang

Sarah Chang

Trial Attorney

Child Exploitation and

Obscenity Section

U.S. Department of Justice

sarah.chang @ usdoj .gov

/s/ Mi Yung Park

Mi Yung Park

Trial Attorney

Child Exploitation and

Obscenity Section

U.S. Department of Justice

miyung.park@usdoj.gov



CERTIFICATE OF SERVICE



Case l:13-cr-00193-ESH Document 15 Filed 02/24/14 Page 4 of 4



I hereby certify that I have caused a copy of this filing to be sent to counsel for defendant,
Jonathan Jeffress, via e-mail on February 24, 2014, to jonathan jeffress@fd.org .



/s/ Mi Yung Park

Mi Yung Park

Trial Attorney

Child Exploitation and

Obscenity Section

U.S. Department of Justice

miyung.park@usdoj.gov



Case l:13-cr-00193-ESH Document 16 Filed 02/26/14 Page 1 of 1



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



DEFENDANT HECTOR ORJUELA' S NOTICE OF FILING (SENTENCING LETTERS)

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully
submits this Notice of Filing, attaching sentencing letters written to Your Honor on behalf of Mr.
Orjuela. The letters are from Mr. Orjuela's family and friends, in anticipation of Mr. Orjuela's
sentencing on March 6, 2014. The defense is currently finalizing Mr. Orjuela's Memorandum in
Aid of Sentencing and will be submitting that, along with other related materials, shortly.



Respectfully submitted,



/s/



Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 1 of 18



Miami, December 11, 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH



Dear Judge Huvelle:

I am Hector H. Orjuela Jr.'s father and the purpose of this letter is to express an
objective opinion of him before his case closes in January. We have five children in
the family: four boys and one girl, the oldest being Hector and therefore the person with
the most responsibility among the young people. My teaching position required work in
foreign countries, one of them Mexico where Hector had a bad experience in which he
was abused sexually by an older woman. He didn't tell anybody about the bad experience
but surely this abuse may have influenced his future life. Hector was not a good student;
however he has a gift for languages and after some years he became an excellent English
instructor and devoted his efforts to the teaching of that language at an international level:
Colombia, Guatemala, China, etc. In China he was surprised engaging in minor abuse with
young girls, the first time such thing happened, at least to our knowledge.

Fortunately the rehabilitation he received in prison has helped him a lot and he now
not only regrets his past activities but his decision is to never engage himself in antisocial
behavior and in improper acts. I think in this resolution he is very honest and I am sure he
will keep his word. He is, no doubt, the best son and family member and we miss him very
much. Please, your Honor, help him to fulfill his goal.



Respectfully yours,

Hector H. Orjuela



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 2 of 18



THE HONORABLE ELLEN S. HUVELLE
CHAMBERS OF JUDGE HUVELLE
WASHINGTON, D.C.



DEAR HONORABLE JUDGE



I AM HELENA THE MOTHER OF HECTOR JR. , HE IS MY OLDEST SON AND I AM
VERY DEAR AND CLOSE TO HIM BECAUSE HE HAS ALWAYS BEEN A SPECIAL
MEMBER IN THE FAMILY AND ALSO MY FIRST GRANDSON FOR MY PARENTS.

HECTOR JR. HAS BEEN A LOVED SON, FULL OF JOY, COMPASSION AND ALWAYS
WORRIED FOR HIS FAMILY AND PARENTS. A VERY GENEROUS PERSON AND
GREAT FAMILY MEMBER.

OUR FAMILY HAS BEEN KNOWN FOR BEEN VERY CLOSE AND VERY FAMILY
ORIENTED ESPECIALLY IN SPECIAL OCASSIONS OR END OF YEAR CELEBRATIONS.

WE HAD VISITED HECTOR IN GUATEMALA AND CHINA AND HE ALWAYS OUTDID
HIMSELF BY TAKING CARE OF US WITH HIS LOVE AND GENEROSITY TOWARDS
HIS PARENTS. HE VISITED MANY INTERESTING PLACES AND HE WAS DELIGHTED
TO BE WITH US.

WE MISS HIM VERY MUCH AND I JUST HOPE LIFE REWARDS HIM IN THE FUTURE
AND HOPEFULLY THIS SAD EPISODE IN HIS LIFE STAYS IN THE PAST AND HIS
FUTURE IS ONLY BRIGHT AND PROSPEROUS.

HE HAS ALSO BEEN A GREAT FRIEND AND A PERSON THAT HAS FOUGHT FOR
HIS SUCCESS AND HIS CAREER. I JUST HOPE HE CAN BE WITH US SOON.



SINCERELY,



HELENA ORJUELA



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 3 of 18



January 25, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Avenue, N.W.
Washington DC



Dear Judge Huvelle,



I am respectfully contacting you about my brother Hector Orjuela Jr., a defendant in one of your
upcoming court cases. My name is Luis Orjuela and I am the closest in age to my brother Hector.

Let me tell you a story about an incredible human being that was born on March 15, 1966 in
Torrance, California. He was the first child and first grandson in the family, a boy filled of joy and
happiness surrounded by a large Latin family. His early years were happy and innocent as any
kid of his age. Four years later his brother Luis was born and later on three more siblings
completed the Orjuela-Aguirre family.

As he grew up, life became challenging and the constant traveling back and forward from Bogota
where he lived, to California, where his father worked became a norm. As he reached his 12*"
birthday his father was relocated to Mexico City as Director of the University of California Abroad
Program. This was the first time the family was going to be together as a whole for two years in a
row and the father figure present at all times.

Considering the family was growing and the care for 4 children was arduous and complicated,
Hector's parents decided to bring along to Mexico their maid from Colombia to help them with the
care of their children. Unfortunately for Hector, this maid that he trusted and considered his
guardian, molested him, raped him and abused of him for about two years without his parents
knowledge.

Luckily for Hector, the maid got married in Mexico and she never returned to Colombia with the
family. However, this incident marked his life forever and destroyed his once innocent soul, mind
and heart. Research has shown that child sexual abuse can result in both short-term and long-
term harm and its main effects include depression, anxiety, eating disorders and poor self-
esteem. This was the new life Hector was facing with a dark future filled of uncertainties and
challenges.

As he became a teenager the problems worsened and the effects of his sexual abuse became
more noticeable. This period of his life was marked by numerous problems at school, loneliness
and isolation resulting in lack of friends and girlfriends. But he never gave up and fought hard to
get back in track with the help and love of his parents, grandparents and the entire family. This is
the time he realized his most important asset was his family becoming very attached to his
grandparents. He became their guardian, companion and best friend and was always on their
side until their final days.

Hector was now in his twenties and he felt the pressure of going to college and becoming a
professional. He shared the same passion and love for teaching of his grandma, his father and
his aunt, and decided to become an English teacher for children and adults. He studied to
become a teacher and his students really enjoyed his unique style of teaching and sense of
humor. He taught at high school level and later he joined an American academy of languages to
help adults.



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 4 of 18



In search of a better future and brighter opportunities he then decides to accept a job as an
international teacher in Guatemala and later he is transferred to China. Despite being far away
from family and loved ones, Hector always managed to keep in touch either by phone or email
and he never missed a week without sending his joke of the week to family and friends It was
Hector's priority to keep the family together and always made sure to never missed an important
family event whether it was an important birthday a baptism or their traditional family reunion
every end of the year. He would travel many hours and miles to see his loved ones and would
always spend his paycheck to bring presents to every member of the family even to the children
of the poor families working at their farm. His heart is as enormous as no one has ever seen and
his generosity unmatched.



In China Hector found his brightest moments as he was deeply in love and later married the love
of his life and was at top of his career. But he also found his darkest moments as his marriage
dissolved and his life transferred behind bars. Hector is now awaiting sentencing and prayinq for
a second opportunity in life.

This is the story of my beloved brother Hector Orjuela Jr. an individual that has made me the
person I am today and a person that has contributed to having a better family and a better future
for all his siblings, cousins and relatives. The last two occasions I saw my brother free was at my
wedding in Cancun, Mexico two years ago and t at my mother's 70 th Birthday celebration in
Colombia, one year and half ago. He has been always there for my family and me and this is why
he deserves all my respect and support. He has made serious mistakes and I understand he has
to pay for them but I also understand that he is not a criminal and he should not be sentenced as
one. In his 47 years, he has never been in a fight, never has been in jail and even never has
gotten a traffic ticket. He is the most peaceful and caring person I have ever met and I am
convinced he has never meant to harm anybody.

Your honor, please give Hector another chance to rebuild his life and give him another
opportunity to bring his future plans and goals to reality. Hector is a person that needs
rehabilitation and treatment time and not jail time. He has been a victim of society and a victim of
a vicious maid that took his innocence and life away. I am not excusing Hector for his actions and
I am not blaming the maid for what Hector did; but I am sure his life would have been easier and
better if someone would have given him a hand and the help he needed when he was a teenager.
We are not too late, please give him a second try in life and show him the judicial system in this
country is fair and reasonable. Do not let him rotten in jail, give him the help he needs and I
promise you he will became a better person. He needs another opportunity to show the world he
is a good man that deserves respect and he is no harm to society. He is a person that can come
out of that obscure hole he is at right now to shine and excel as and individual and an exemplary
member of society. Please give him this opportunity.

Thank you for letting me share with you the story of Hector Orjuela Jr., my brother, my blood and
my love. My prayers go to the victims in this case and only hope all the people and families
involved find peace and tranquility soon. Brother, we pray for you everyday and our newborn
Luca cannot wait to meet his beloved godfather. Come back home soon!




Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 5 of 18



January 7, 2014
Miami, Florida

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH

Your Honor:

This letter is in reference to my oldest brother Hector Orjuela Jr., as it relates to his case
followed in your court. My name is Andres Orjuela, one of Hector's four siblings, and in that light I would
respectfully like to share some personal thoughts about his character and him as an individual.

Hector is an important part of a family that has always strived to be united. He provides strong
emotional support to our entire family and has been a pivotal part of maintaining its cohesiveness. Not
only is he the oldest sibling, but also the oldest cousin of an entire generation of us that were influenced
and inspired by him. In their final years of life, Hector took care of our most beloved legacy, our
maternal grandparents, and this is one of many examples of his deep involvement in family matters.
Through the years, he has always shown to be caring, compassionate and altruistic.

As a brother he has been extremely supportive, attentive and overall, a great pal. He taught me
innumerable things as we grew up, the love of music, sports, and the importance of a smile and the
value of laughter - he's always had a good sense of humor. We traveled extensively in childhood and
adolescence and since then, both him and my siblings, have loved to see the world, its cultures, foods
and peoples. Because of those experiences, Hector and all of us, have become more knowledgeable,
tolerant and amazed of the beautiful world we live in.

Hector is genuinely a good person. I think he had a few but very unfortunate episodes in his life,
that led him through treacherous paths and as family we failed to recognize he needed help.
Nonetheless it is never too late to try to help and this letter is one of many steps that we take as we
strive to support him through the difficult road ahead. His family is fully devoted to this goal. I truly
believe that with the appropriate support and therapy he can live a more productive life, without fears
and doubts that have followed him for so long. I do hope he can go to Massachusetts for inpatient
rehabilitation and then to Florida where his 3 brothers reside. Our emotional support would be valuable
in our quest to help him.

In conclusion, I believe Hector has the capability of being a valuable member of society, has
every intention to better himself and is strongly committed to rehabilitation and therapy. He is a
wonderful human being, and as such he is capable of making mistakes. I hope he gets a chance in life to
fulfill his dreams. Just as he has always been there for us, we will continue to support and care for him
every step of the way.

Sincerely,

Andres Orjuela, MD



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 6 of 18





















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The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, DC.



Dear Judge Huvelle:

I respectfully address these words to you to express my sentiments in relation to Hector
Orjuela Jr., whose case is followed in your court.

I am Patricia, Hector Jr.'s youngest aunt. Affectionately we call him "TONU" in our
family. When Tonu was born I was 1 1 years old and he has always been a special nephew to
me, a loving, caring and family-oriented type of person. I have unique memories that have
brought us closer together.

When my oldest daughter was studying, finishing high school, Hector Jr. was a dear
friend to her and to her girlfriends. They loved him as if he was a cousin to them; he
accompanied them to various reunions and made them laugh with his amusing remarks. We
have been good friends for a long time, and during his years in Colombia, we shared a common
passion that brought us closer, our love towards my mother and his grandmother Ana Helena.
His love for her was immense and Hector was Grandma's first "currunchito" (a term of
endearment). Hector Jr. was Grandma's first grandchild, and together with Grandpa "Tin", they
taught him, and the rest of us, the importance of a cohesive family above anything else; the
value of fraternity around a family that understands the meaning of forgiving errors and faults in
each of its members.

We have also had a close bond given our inclination and love towards education and its
practice. Not only have we exchanged ideas, but also teaching materials and moments in our
careers in education; a profession that we carry in our veins and that several members of the
family have devoted their lives to.

He then left Colombia to look for new horizons in his calling as teacher. In the distance,
his family ties became stronger, and he continuously prioritized family, his desire to live a happy
and fulfilling life. He manifested his joy in messages, in conversations or at times when he
visited with us. He is a family member who is generous, loving and with a great sense of humor.

Today, under custody, he is always in my mind; it hurts me deeply to see him live
through this situation that has taken him away from his path, but I know that God and the Virgin
will give him the strength to carry on and endure whatever the future holds for him.

Thank you for your attention.



Cordially,



Patricia Aguirre I.



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 11 of 18



The Honorable Ellen S . Huvelle
Chambers of judge Huvelle
Washington D.C



I am Luis Jorge, Hector Orjuela's maternal uncle.

My parents Ana Helena and Luis Martin were the main promoters of the family unity that
is keeping us closer in these tough moments. They instilled good manners and love in us,
and always made sure each of our families were brought up that way also.

Hector jr. is a human being with a great heart, and even though he lived far away we
knew we always had a helping hand in him when we needed it. In my case, specially, my
kids Jorge Enrique and Andrea remember him the way he is, always joyful with his
amusing jokes every time he visited Sogamoso, where we live.

Hector Jr. was the first of many grandchildren to my mom, Ana Helena, and as such, her
protege. He was next to her in her last moments of life and I am sure she will be blessing
him from heaven so he can carry on with his life in the best possible way.

Beatriz Franco from Sogamoso, sends him a warm embrace and the best of lucks for the
situation he is enduring.

Sincerely,



Luis Jorge Aguirre.



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 12 of 18



November 28, 2013



The Honorable Ellen S. Huvelle
Washington, D.C.



Your Honor:

I would like to give a profile of what our family is like; and how we received, with all the
love from my father and mother, the example of faith in God and above anything else, the value
of a united family.

Hector Jr. was the first grandchild, and I know my parents felt what I now feel for my first
grandchild. I always remember that Hector Jr. carried my wedding rings and he was there
representing his parents, who could not attend because my sister Helenita was pregnant in the
U.S. with her second child.

I am the second child in the family and have always loved my nephews/nieces as if they
were my own children.

All the principles and values that we received in our paternal home have been passed on
to our children, and we always try to do our best for them!

Hector Jr. has always been a special member in our family, a human being full of light,
with an unrivaled sense of humor, with loving devotion for his family, always being the first one
to congratulate us on our birthday, regardless of how far away he was from us. Hector Jr. is
enormously generous in every sense of the word.

pi

The meaning of family is very important to us and we always try to come together for
especial occasions; we always thank God for all the good things that we have had in our lives.
For this reason we now ask God to help and enlighten Hector Jr. who has been a good member
of our family, who needs his family and the family needs him to continue to grow under the
legacy of our parents.

My husband Anibal subscribes to my petition for Hector Jr. He does not write much
nowadays secondary to his tremors of age, but he always has had an excellent relationship with
Hector Jr., and thanks to my husband's values, we are able to be united in this difficult moment
that Hector Jr. is going through.

May God enlighten you Your Honor, as well as Hector Jr. and may God hold his hand.

I am aunt Maria Eugenia and I always carry Hector Jr. in my heart!



Thank you.



Maria Eugenia Aguirre Aguirre



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 13 of 18



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, D.C



I am Valentina, the oldest of the nieces to my uncle Tonu, that's his nickname in the
family. My mom is ximena, his sister.

Whenever he visits, he brings me lots of gifts, he takes me for ice cream and to the
movies frequently, and he is very generous and kind with me.

I miss and want to see him again soon.



Valentina Romero Orjuela.



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Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 15 of 18

November 26 th , 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Ave, NW
Washington, DC 20001



Honorable Judge,

The ongoing case against Hector Orjuela has not only afflicted his nuclear family, but his
extended family as well. We all feel the grief of having one of our beloved family
members go through such situation.

As Hector's cousin, we spent our childhood together and most of our cousins and I share
the passion for sports and music that Hector instilled in us. As the oldest of the cousins,
he always set an example of deep and unconditional love for the whole family.

Like I mentioned before, this situation has affected us deeply. We know we all have
character flaws as human beings, and we also know that life can offer us second chances
to reflect and turn our lives around for the better, for ourselves and for society.

We can only hope our letters move and show you that the outcome of your decision will
not only affect someone who constantly showed great qualities in or outside the family
circle, but it will have an impact on the whole family. A family that wants the best for
Hector's life.

We would love to have him around so we can enjoy family gatherings again, laugh with
his bright comments, or just to enjoy his company. We only want to have him back to
shower him with the love and support that he needs, to be able to go on with his life, and
introduce him to our son, who he has not met yet.

I really appreciate the time you have taken to read our letters, and we pray to God for his
guidance through the painful situation we are enduring, so we can all find forgiveness
and family unity.



Thank you,



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 16 of 18



The Honorable Ellen 2. Huvelle
Chambers of Judge Huvelle
Washington, D.C.

Honorable Judge,

I am writing this letter to tell you about Hector Orjuela, my brother-in-law. I had the fortune of meeting
his brother Luis, who is now my husband, and his family 5 years ago.

I consider myself fortunate because i have had the privilege of spending time with each and every single
one of the members of the Orjuela family and their extended family as well. All of them, including Hector
Jr. have been attentive, caring, hospitable and respectful to me at all times.

What strikes me the most about my husband's family is their integrity, strong moral values, and the deep
love and support for each other that bonds them.

I spent a couple of times with Hector when he visited us in California, and the various times when we
visited the family in Colombia for the holidays. His generous ways, warm heart, and our deep
conversations reassured me that the high standards of ethics and behavior that his family abides by,
are the ones I want my own family to be brought up with.

As a mother of a two month old, I can only pray for God to bring peace and forgiveness to the families
that have been affected by this hard situation. I realize bad Judgment brings along punishment and I also
know that Upon freedom, Hector will only look for peace within his soul and a way to turn his life around
for the better with the great support and guidance of his family.

As human beings we all have flaws, but I firmly believe in the power and the right to have second chances
in life. We would love to have Hector back in the family where his Joyful spirit and kind heart are very
much missed. We know he would make the best out of an opportunity to have his freedom back and a
new life to correct the wrongdoing because his family is his motto and we are all united in helping him
overcome this and become a good influence in society.

I greatly appreciate the time you have taken to read our letters where we plead for my son's uncle
freedom and forgiveness.

Sincerely,



Gatalina tibreros



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 17 of 18



November 26 th , 2013

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Ave, NW
Washington, DC 20001



Ref . To Hector Orjuela case
Honorable Judge,

I wanted to write this letter to tell you my opinion about Hector Orjuela. I have known
him for about seven years now (he is my husband's cousin), and I was very surprised and
saddened to know what he is going through. It is hard to believe that something like this
could be happening to a person with such moral values who is also kind, special, and
joyful.

I want you to know that I have spent a lot of time with him in different places, that I
know his family and I can assure you that he was brought up with strong values and
raised to respect himself and those around him.

I personally miss his sense of humor, his constant presents, his kind company, and his
jokes that would light up our hearts and. made every one of his visits unforgettable. He
won my heart and I got to consider him as one of my own family, looking forward to his
next trip so we could spend more time with him as a family.

I believe that this experience will leave many lessons in his life. If he was to have his
freedom back he would be a prophet of his own experience and would teach others not to
make mistakes like that in life. I am a firm believer in second chances and I am positive a
second chance would help Hector for the better.

I beg you to please give him back to us, I have an eight-month-old boy who does not
know him yet and I would love for them to meet. I would love to see Hector come back
to this family that seven years ago kindly took me in, and taught me the value of family
and love, and how not having one of its members close grieves our hearts and souls.

Last but not least I want to thank you for taking the time to read this letter, I am honored
to have the privilege to write to you.

Thanks a lot,




Ineda



Case l:13-cr-00193-ESH Document 16-1 Filed 02/26/14 Page 18 of 18



Ervie Pena, Ph.D

Professor Emeritus of Spanish, California State University, Fullereton, Ca.



January 28, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue, N. W.
Washington, D.C.

Dear Judge Huvelle:

I respectfully submit this personal character reference in support for leniency for Mr. Hector H. Orjuela, Jr. whom I have
known for over fifty years.

This personal request on his behalf is based on my prolonged friendship with his parents, Dr. and Mrs. Hector H. Orjuela,
that began in 1960, and that has lasted throughout the entire life span of Hector, Jr., the oldest of their five siblings. During
these years, I have been accepted as a respected member of the family and, in that capacity, I have fulfilled the role as either
brother, godfather, and/or mentor to all five children on special occasions, and will continue to do so as the need arises.

On this special occasion, I am prepared to testify under oath, by written statement, by deposition, either tape recorded, video
taped, and/or in person at any US Federal Government Agency, that the following observations are based on my own personal
experiences:

I honestly, objectively, and without bias, believe that Hector, Jr. is by nature a non-violent person. To the best of my
knowledge, he has never engaged in kind of violent act, or displayed any kind of anti-social behavior with the intent to hurt
people during the fifty years that I have known him. In brief, I know of no wrong committed by him that would discredit the
strong Christian, ethical and moral upbringing that he has received from his parents.

On the contrary, Hector, Jr. by nature is a friendly, sincere and polite individual who has always tried to be of beneficial
presence to his family, friends, and to people from all walks of life. One very positive aspect of his personality that people
generally find attractive, is his fine sense of humor and sharp wit which might be perceived as being overbearing at times, but
never as a means to intentionally injure or denigrate anyone. Hector, Jr. has always been a social asset rather than an anti-
social liability to people no matter where he has lived.

I feel that I know my dear friend well enough to assure Your Honor that he is a very compassionate person guided by strong
moral and ethical principles to the extent that he will accept as his responsibility to resolve through the guidelines set forth by
your sentence some very important issues in his life. I, like his family and close friends who love and respect him, will always
be available for support and guidance when it is needed.

Respectfully,



Dr. Ervie Pena



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 1 of 21



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
vs.

HECTOR ORJUELA, Jr.,
Defendant.



Crim. No. 13-193 (ESH)



DEFENDANT HECTOR ORJUELA, JR.'S MEMORANDUM IN AID
OF SENTENCING AND OBJECTIONS TO PRESENTENCE REPORT

Mr. Hector Orjuela, Jr., by his attorney, pursuant to Federal Rule of Criminal Procedure
32, hereby respectfully submits his Memorandum In Aid of Sentencing and Objections to the
Presentence Report ("PSR"). Based on all of the sentencing factors in this case, including most
notably: (1) the history and characteristics of Mr. Orjuela; (2) the persuasive evidence that non-
violent sex offenders such as Mr. Orjuela can be effectively and safely managed in the
community while on supervised release; and (3) the fact that Mr. Orjuela has accepted
responsibility and, by pleading guilty, saved all parties (including most importantly the minors)
the trauma of a trial, the defense respectfully requests that the Court impose a sentence no greater
than 180 months' incarceration, followed by a very substantial term of supervised release.

INTRODUCTION

No one disputes that this case involves reprehensible conduct. The question here is not
whether Mr. Orjuela will serve a very lengthy term in prison followed by an exceedingly
restrictive and prolonged term of supervised release - under any possible sentence the Court can
impose, he will. Instead, the issue is whether Mr. Orjuela's life should be thrown away because
he is incapable of being managed and treated in the community. Because the government's



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 2 of 21



affirmative answer to this question conflicts with both the evidence in this case and the
consensus in the medical and treatment communities that sex offenders of Mr. Orjuela's type can
be safely treated and supervised, a life or effective life sentence is far greater than what is
necessary. Instead, the Court should sentence Mr. Orjuela to 15 years followed by a lengthy term
of supervised release. That sentence - when combined with the sex offender treatment Mr.
Orjuela will receive while in prison and after - is the sufficient, but not greater than necessary,
sentence in this case.

BACKGROUND

A. Hector Orjuela, Jr.

Mr. Orjuela is a 47 year-old man with no prior criminal convictions, or even arrests. He
was born in Torrance, California to his parents, Hector Orjuela, Sr. and Helena De Orjuela. See
Ex. 1 (photographs of Mr. Orjuela's parents). As reflected in the letters from Mr. Orjuela's
family and friends attached as Exhibit 2, Mr. Orjuela was raised in a large, loving family with
three brothers and one sister: Luis Orjuela, who lives in Los Angeles; Andres Orjuela, who lives
in Miami; Ximena Orjuela, who resides in Colombia; and Rodrigo Orjuela, who lives in South
Beach, Florida.

As their letters to the Court make clear, the Orjuela family has always been exceptionally
close and remains so today. Mr. Orjuela, who the Orjuela family affectionately refers to as
"Tonu," has always had a deep and abiding love for his parents and siblings. Mr. Orjuela's very
close relationship with his parents makes the kind of time Mr. Orjuela is facing all the more
painful, particularly given that his parents live in Colombia. See PSR If 98 ("Presently, the
defendant's parents are residing in Bogota, Colombia .... Due to their respective ages (86 -

2



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 3 of 21



father, 71 - mother), and the distance, they have been unable to visit the defendant during his
time in custody[.]"). The reality is that given the necessity of a 15-year sentence in this case, Mr.
Orjuela will likely never see his father again.

Mr. Orjuela's early years living in both Colombia and California were idyllic. When he
was about 10 or 1 1, however, the family moved to Mexico, where Mr. Orjuela was repeatedly
sexually abused by the family's female maid. See PSR \ 95. The abuse went on for almost all of
the two-year period the Orjuela family stayed in Mexico. Although no one can say with certainty
exactly how abuse of that kind affects an individual, it appears to have had a significant impact
on Mr. Orjuela's sexual development. 1

Although Mr. Orjuela was not a good student, he has always had an impressive gift for
languages. Mr. Orjuela has working knowledge of French, Chinese, German, and Catalan, which
is a mixture of Spanish, French, and Latin. See PSR ]f 126. Mr. Orjuela received a certificate to
teach English from the University of California Irvine in Irwin, CA, and has since used his skill
with languages to teach English all over the world. See PSR Iffl 128-133.

Since at least as far back as 1992, when he was in his mid-twenties, Mr. Orjuela
understood that he has a sexual attraction to young females. See, e.g., PSR \ 52. While many
who suffer from this disorder continue to deny it, Mr. Orjuela has taken the significant step of
acknowledging his problem and requesting any treatment that can help him. See id. Mr. Orjuela

1 While the government casually rejects any link between prior molestation and
committing such acts, see Gov't Mem. at 14, the literature suggests that a history of abuse is
prevalent in these cases. See Fred S. Berlin, M.D., Ph.D, at al. Pedophilia: Diagnostic Concepts,
Treatment, and Ethical Considerations, (attached as Ex. 5), at 6 ("At the Johns Hopkins Sexual
Disorders Clinic, it is unusual to see a man who experiences recurrent pedophilic cravings in the
absence of (a) a significant biological abnormality, (b) a past history of sexual involvements with
an adult during childhood or (c) both.").

3



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 4 of 21



recognizes that his actions in this case did terrible harm, not only to the minors but also to their
parents who entrusted him with their children, as well as their larger communities. There is
nothing Mr. Orjuela wants more than to be free of the abnormal urges that have led him to inflict
so much pain.

Since the time of his arrest and deportation back to the United States in December 2012,
Mr. Orjuela has worked hard to give back to the community and make amends for his
misconduct in whatever way possible. To that end, he worked diligently as an English tutor at
the D.C. Jail to help other inmates obtain their General Equivalency Diplomas (GEDs). He has
helped dozens of inmates in this manner, and, as the letters attached as Exhibit 3 attest, his
students are very appreciative for helping them to advance in their lives.
B. The Offense Conduct.

The full story behind Mr. Orjuela's conduct in this case begins with Mr. Orjuela's own
repeated sexual victimization when he was between 10 and 12 years old. 2 As noted, Mr. Orjuela
was repeatedly sexually molested by his family's maid, an episode thoroughly corroborated by
Mr. Orjuela's friends and relatives. See Ex. 2 (letters from Mr. Orjuela's friends and family)

Perhaps due to this abuse, Mr. Orjuela has had a long battle with inappropriate sexual
urges regarding minors. Unfortunately, those urges have manifested themselves in the viewing
of child pornography and, more recently, in the inappropriate touching of three minors. With
respect to one of the minors, Jane Doe #3, Mr. Orjuela also took two sexually explicit

The defense is currently having a psychiatrist, Dr. Mitchell Hugonnet, conduct a
psychiatric evaluation of Mr. Orjuela that will address, inter alia, his childhood abuse. The
report will also address Mr. Orjuela's amenability to treatment. The defense anticipates that Dr.
Hugonnet will have completed a report by Sunday, March 2, 2014 and will file the report under
seal at that time.

4



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 5 of 21



photographs. There is no indication that the two photos were ever distributed in any sense; i.e.,
Mr. Orjuela never sent them to anyone or posted them anywhere online. The only individuals
who have seen the photos are Mr. Orjuela, law enforcement, and whomever law enforcement has
shown them to. Thus - and contrary to many of the statements and arguments in the
government's sentencing memorandum, see Gov't Mem. at 12-13; 16-17 - this case will not
involve the future victimization of Jane Doe #3 through continued viewing of the images. To the
contrary, there is no reason to think the images will be viewed ever again.

After his arrest in November 2012, Mr. Orjuela cooperated with the authorities in every
way possible. Immediately following his arrest, Mr. Orjuela confessed to the Chinese police
department in Shanghai. Once the Chinese police had contacted the American Consulate, Mr.
Orjuela waived his Miranda rights and confessed to the embassy officials who questioned him.
Upon his deportation to the United States in December 2012, Mr. Orjuela again waived his
Miranda rights and participated in a lengthy interview with law enforcement where he again
truthfully admitted his conduct. Importantly, Mr. Orjuela - on his own initiative and surely
against the advice of his former counsel in this case - also wrote a letter to his cousin (the mother
of Jane Doe #3) confessing his conduct and expressing deep remorse for his actions. Mr.
Orjuela' s letter is attached to the government's sentencing memorandum. As the government
notes:

The Government recognizes that the defendant has expressed remorse for
his actions. The defendant confessed to his sexual abuse of Jane Does #1 and #2
to law enforcement when questioned. The defendant also wrote a letter of
apology to Jane Doe #3's mother for his abuse of Jane Doe #3. In that respect the
Government recognizes that the defendant is remorseful and would like to stop his
abuse of children.



5



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 6 of 21



Gov't Mem. at 10.

As the letter to the mother of Jane Doe #3 makes clear, Mr. Orjuela is very ashamed of
his conduct and remorseful for what he did. Mr. Orjuela has no criminal history and has shown
that he can contribute to society through his work. His family and friends remain supportive of
him and will help ensure that upon his release he is properly reintegrated into the community.
See Ex. 2. The fact that Mr. Orjuela's disorder has now been exposed is also very significant, as
it will allow Mr. Orjuela the opportunity to seek treatment and talk openly about his disorder and
the treatment and precautions he needs.
B. Plea Agreement.

Mr. Orjuela entered into a plea in this case prior to filing any pretrial motions, thereby
sparing the government scarce resources. More importantly, the plea brought closure to the
families of the minors in this case and foreclosed the possibility that the minors or their families
would have to testify at a trial or anywhere else. In the plea agreement reached between Mr.
Orjuela and the government, Mr. Orjuela stipulated to all applicable enhancements, including
that he is a repeat sex offender. The resulting Guidelines range is life. The legal benefit that Mr.
Orjuela obtained from the agreement, however, is that the Court may impose a sentence lower
than that, such that Mr. Orjuela may have the opportunity to live a meaningful life - albeit an
intensely supervised one - after prison. 3



The plea agreement also bound the government to not charge Mr. Orjuela under
18 U.S.C. � 2241(c), see PSR \ 7, which in the defense's view did not clearly apply in any event.
Notably, however, that charge carries a 30-year mandatory minimum. Thus, for Mr. Orjuela to
receive a sentence of 30 years or more would deny him the benefit of his bargain in that sense, as
well.



6



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 7 of 21



C. The Presentence Report and Mr. Orjuela's Objections.

As discussed, Mr. Orjuela has accepted full responsibility for his actions, both in the legal
sense and in a real- world sense by apologizing for his conduct in every possible manner. In the
factual proffer (and other places), Mr. Orjuela admitted that he engaged in inappropriate sexual
contact with the three minor victims, as well as taking two sexually explicit photographs of Jane
Doe #3. However, while admitting what did happen, Mr. Orjuela is unwilling to accept (and
should not accept) the PSR's exaggerated and inaccurate account of his offense conduct, which is
based on hearsay statements the Probation Office received from the government and incorporated
directly into the PSR. See PSR pp. 28-29. Mr. Orjuela's objections to the PSR's account of the
offense conduct are listed on pages 28-29 of the PSR. Mr. Orjuela maintains those objections,
which are further argued below.

D. The Government's Sentencing Memorandum.

The government's sentencing memorandum relies heavily on comparisons to production
of child pornography cases where the defendants subsequently distributed the images of their
victims or posted them online for others to see. See, e.g., Gov't Mem. at 12 (discussing harms of
"trafficking" in child pornography). As the government points out, those cases involve special
concerns regarding the re-victimization of the minors in the photographs throughout the rest of
their lives. See id. ('"A child who has posed for a camera must go through life knowing that the
recording is circulating within the mass distribution system for child pornography.'" (quoting
New York v. Ferber, 458 U.S. 747, 758 n.9 (1982))). As discussed above, Mr. Orjuela never
distributed the two photographs of Jane Doe #3 in any manner, or any other child pornography.
See PSR ]f 33("[n]o images of child pornography were found among the [Hotmail] email

7



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 8 of 21



attachments") see also PSR ]f 35 ("No images of child pornography were found among the
[Gmail] attachments"). Fortunately, the two photographs of Jane Doe #3 will never circulate in
any sense, and the government's arguments in this area do not apply.

The government also relies on an exaggerated account of the alleged future
dangerousness of sex offenders in general and Mr. Orjuela in particular. In doing so, the
government fails to recognize that the dangers of a non-violent sex offender such as Mr. Orjuela
can be readily neutralized through sex offender treatment and supervision in the community.
While there is no consensus in the psychiatric community regarding whether offenders fitting Mr.
Orjuela' s profile can be "cured," there is a consensus among treatment providers that non-violent
sexual offenders can be managed on supervised release such that they present little to no risk of
future misconduct. See infra at 11-15. That is what should happen here, by weighting Mr.
Orjuela' s sentence more heavily towards supervised release than prison. With proper treatment,
there is every reason to believe that Mr. Orjuela can be safely supervised in the community and a
contributing member of society. This is particularly true given the continuing support of his
family and friends, which is one of the most crucial factors for preventing recidivism. See Ex. 2;
see also infra at 12.

The government also attaches a letter from the mother of Jane Does #1 and #2. The letter
is heart-wrenching and unassailable in almost all respects. In terms of the physical injuries
alleged in the letter, however, those injuries must be considered alongside the terrible fact that
Jane Does #1 and #2 were also being molested, in a significantly more physical manner, during a
longer time frame by a teacher at their school. See Ex. 4 (The Daily Mail, "U.S. Teacher
Arrested in China on Suspicion of Molesting Six Children at an International School" June 14,

8



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 9 of 21



2013); see also Stipulation (submitted under seal). In addition, as the PSR notes, the minor
victims in China were medically examined on December 22, 2012, after the offense conduct in
this case had concluded. See PSR If 26;. The medical examination of Jane Does #1 and #2 in
December 2012 did not reveal any of the injuries alleged in the letter submitted by the
government or any other physical injuries. See PSR ]f 26 ("Neither female has any hymenal tears,
bruising, scarring, lesions, or rashes, or evidence of acute anal-genital injuries.").

While the government's sentencing memorandum and the PSR note that Mr. Orjuela is
receiving "credit" for acceptance of responsibility under the Guidelines and the government's
sentencing recommendation, that is true only in the most academic, meaningless sense. Notably,
Mr. Orjuela not only accepted responsibility for his offense in the legal sense but, moreover, in
the everyday sense of admitting his conduct before he pled and apologizing to the victims as best
he could. If the Court imposes a life or effective life sentence, what benefit will Mr. Orjuela
have received for his cooperation and early plea? Given all of the facts and circumstances of this
case, including his early plea and acceptance of responsibility, it is reasonable that Mr. Orjuela
should have the chance at a meaningful life after this case, under the strict supervision afforded
to sex offenders that would be part of his supervised release, including registration as a sex
offender. Any other sentence does not in fact provide Mr. Orjuela with credit for accepting
responsibility and does not provide an incentive for future defendants in Mr. Orjuela' s position to
accept such pleas (or for their counsel to recommend them). To the contrary, the only sensible
course in future cases for defendants in Mr. Orjuela' s position would be a trial, which would be
extremely costly and burdensome to everyone involved in every possible sense.



9



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 10 of 21



DISCUSSION

I. UNDER THE SECTION 3553(A) SENTENCING FACTORS, THE SENTENCE

"SUFFICIENT BUT NOT GREATER THAN NECESSARY" IS NO MORE THAN
FIFTEEN YEARS.

A. The History and Characteristics of Mr. Orjuela.

But for the conduct in this case, Mr. Orjuela has led a largely positive life. The letters
from his family and friends attached as Exhibit 2 speak of a kind person who loves his family
and has shared an exceptionally close relationship with them, including with his grandparents
before they passed away. Mr. Orjuela has also helped many people through his career as a
teacher, and indeed has continued to do so while incarcerated through the Department of
Corrections G.E.D. program. See Ex. 3 (letters from Mr. Orjuela's fellow inmates and students).

As noted, Mr. Orjuela is now fully aware that he has a serious problem regarding a sexual
attraction to minors - a problem he will have to grapple with for the rest of his life.
Significantly, there is a growing understanding that the way to prevent sexual abuse by
pedophiles (which not all abusers are) is to recognize pedophilia as a disorder and to treat it as
such. See Fred S. Berlin, M.D., Ph.D, at al. Pedophilia: Diagnostic Concepts, Treatment, and
Ethical Considerations, (attached as Ex. 5), at 13 ("It is simply taken for granted that the
pedophile is deserving of scorn, with little more thought given to such a proposition than was
given several hundred years ago to the notion that lepers should be exiled."). This means a focus
more on treatment rather than on merely relying upon incarceration after the fact. See id. It
means not denying the existence of the disorder and not treating those with the disorder as
"monsters," but making it acceptable for those who suffer from the disorder to come forward and
seek treatment prior to actions requiring incarceration. See id.

10



Case l:13-cr-00193-ESH Document 18 Filed 03/02/14 Page 11 of 21



When someone such as Mr. Orjuela recognizes he has the disorder, accepts that any
action on the urges is unacceptable, and participates in aversion therapy under close supervision,
it can be controlled. This is especially true where, as here, Mr. Orjuela is motivated to stop the
urges he has.

Appropriate supervision can ensure that barriers deny Mr. Orjuela access to the situations
that would allow him to act on his desires. For example, the Court can set conditions such that
Mr. Orjuela is never alone with a minor again, or allowed to communicate with one in private.
With Mr. Orjuela' s disease out in the open, he will no longer be in situations - as he was before -
with the potential for inappropriate conduct. Mr. Orjuela is simply not the kind of defendant who
would abduct a child — among many other things, he does not act impulsively. It is much easier
to manage his style of offending, i.e., developing a relationship with a child, as it takes time and
access, both of which can be managed (i.e., eliminated) by sex offender supervision. See infra at
12-15.

B. The Nature and Circumstances of the Offense.

In terms of the nature and circumstances of the offense, this case involves deplorable
conduct and attempted conduct. A substantial period of incarceration - 180 months - is
warranted as retribution for Mr. Orjuela's offense, for general deterrence purposes, and to give
him the time to obtain treatment. But at the same time, for numerous reasons explained below
concerning Mr. Orjuela's low risk of reoffending, 15 years of Mr. Orjuela's life is enough.



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C. The Need for Incapacitation. 4

Given his history and characteristics, Mr. Orjuela is very unlikely to re-offend. The
United States Sentencing Commission's research demonstrates that employment, education, lack
of criminal history, and family ties and responsibilities all predict reduced recidivism, see United
States Sentencing Commission ("USSC") Measuring Recidivism: The Criminal History
Computation of the Federal Sentencing Guidelines, at 12-13 & Ex. 10 (2004); USSC, Recidivism
and the "First Offender," at 7-8, Ex. 2, 3, 6, 13-16 (2004), as does substantial other research. 5
As the Sentencing Commission reports, recent studies show that "appropriate 'treatment
interventions ... are associated with lower rates of recidivism — some of them very significant,'"
USSC, Report to the Congress: Federal Child Pornography Offenses at 278 & n.31 (2012)
(citing a project funded by the Department of Justice), and that "[pjolygraph testing of sex
offenders is widely accepted by experts as a critically important corollary of effective treatment."
Id. at 282.

"[T]he research consistently demonstrates that recidivism rates for people who have been



Counsel has confirmed that all of the publications cited in this section of Mr.
Orjuela' s sentencing memorandum are available on the Internet. Counsel also has PDFs and
hard copies of the articles available should the Court wish to obtain them in either or both of
those formats.

See Miles D. Harer, Fed. Bureau of Prisons, Office of Research and Evaluation,
Recidivism Among Federal Prisoners Released in 1987, at 5-6, 54 (1994), available at
http://www.bop.gov/news/research_projects/ published_reports/recidivism/oreprrecid87.pdf;
Correctional Service Canada, Does Getting Married Reduce the Likelihood of Criminality,
Forum on Corrections Research, Vol. 7, No. 2 (2005); Robert J. Sampson & John H. Laub,
Crime and Deviance Over Life Course, 18 Annu. Rev. Sociol. 63, 72-73 (1992); Robert J.
Sampson, John H. Laub & Christopher Winer, Does Marriage Reduce Crime? A
Counterfactual Approach to Within-Individual Causal Effects, 44 Criminology 465, 497-500
(2006).



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convicted of a sex offense are substantially lower than most people believe, and in fact, are
among the lowest of all people convicted of a crime." Mary Helen McNeal & Patricia Warth,
Barred Forever: Seniors, Housing and Sex Offense Registration, 22 Kan. J.L. & Pub. Pol. 317,
344-45 (Spring 2013), at pp 344-345. Studies show that sex offenders are 25% less likely to re-
offend than non-sex offenders and that sex offender treatment cuts recidivism by more than half.
SeeNACDL Report: Truth in Sentencing? The Gonzales Cases, 17 Fed. Sent. Rep. 327, 328
(June 2005); see also Ctr. Sex Offender Mgmt, Office of Justice, Dep't of Justice ("DOJ"),
Myths and Facts About Sex Offenders (August 2000), at 3 ("recidivism rates for sex offenders are
lower than for the general criminal population"); DOJ, Bureau of Justice Statistics, Recidivsm of
Sex Offenders Released From Prison in 1994 (2003), at 2 ("Compared to non-sex offenders
released from State prison, sex offenders had a lower overall re-arrest rate"). As one study has
reported:

The Department of Justice examined the criminal records of the 9,691 sex
offenders, rapists, child molesters, statutory rapists, and those who committed
sexual assault released in fifteen states in 1994. The recidivism rate was only
5.3% for the critical first three years after release. Further, the study found that
the sex offender recidivism rate was almost 37% less than the non-sex offender
population for all crimes during that time frame.

Corey Yung, Sex Offender Exceptionalism and Prevention Detention, 101 J. Crim. L. &

Criminology 969, 974 (201 1). "Researchers conclude that long-term recidivism rates are lower

for sex offenders than for the general criminal population. Researchers also have argued that

offenders who receive specialized and intensive sex offender treatment have a significantly lower

rearrest rate than offenders who did not participate in treatment." Ctr. Sex Offender Mgmt.,

Office of Justice, DOJ, An Overview of Sex Offender Management (2002), available at



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http://www/csom.org/pubs/csom_bro.pdf. at p. 2.

Additionally, a sentence of 15 years would result in Mr. Orjuela's release in his late fifties
or sixties. "For years, research has consistently confirmed one fact: recidivism rates decline with
age." Barred Forever, at 346. The "aging effect" exists regardless of any other factors. Id.

The Court should also consider that, under a fifteen-year sentence, Mr. Orjuela will have
the benefit of many years of sex offender treatment prior to his release. As noted in the
Department of Justice Myths and Facts publication, "[treatment programs can contribute to
community safety because those who attend and cooperate with program conditions are less
likely to re-offend that those who reject intervention." Myth and Facts at 5. "Research
demonstrates that observed recidivism rates for sexual, violent, and non-violent crimes are lower
when sex offenders receive appropriate interventions, such as proper supervision and treatment."
DO J Publication, The Comprehensive Approach to Sex Offender Management, 1-2 (2008),
available at http://www.csom.org/pubs/Comp_Approach_Brief.pdf. "Treatment is an essential
component of a comprehensive sex offender management system. The primary goal of sex
offender treatment is to assist individuals to develop the necessary skills and techniques that will
prevent them from engaging in sexually abusive and other harmful behaviors in the future, and
lead productive and prosocial lives." Id. at 5.

Fortunately, as also set forth in the government's sentencing memorandum, Gov't Mem.

at 18, a number of federal correctional institutions now offer a comprehensive sex offender

treatment program. Each of these institutions offers a

voluntary, residential therapeutic program that employs cognitive-behavioral and
relapse prevention techniques to treat and manage male sexual offenders. The
primary of the [Sex Offender Treatment Program ("SOTP")] is to help offenders

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manage their sexual deviance in an effort to reduce sexual recidivism. The
treatment program encourages its participants to change their criminal lifestyle
and become honest, responsible, and law-abiding citizens with effective self-
control skills.

Statement of Andres E. Hernandez, former Director of Sexual Treatment Program at FCI Butner,
NC, September 26, 2006 at 1-2. In his statement, Dr. Hernandez also reports that "there is a
growing body of scientific literature suggesting that treatment is effective in reducing the risk of
recidivism." Id. at 6. Thus, there is very good reason to believe that over years of treatment, Mr.
Orjuela will be able to put his sickness behind him and gain control over the impulses that have
largely destroyed his life.

The reality is that persons with pedophilia can be treated and supervised to minimize the
recidivism risk. Sex offender treatment has demonstrated that cognitive-behavioral therapy is
very useful in helping offenders learn to control their propensities. See e.g. Ward, Gannon, and
Yates, The Treatment of Offenders: Current Practice and New Development with an Emphasis
on Sex Offenders, 15 IntT Rev. Victimology 183, 192-93 (2008); Aos, Miller and Drake,
Washington State Institute for Public Policy, Evidence Based Adult Corrections Programs: What
Works and What Does Not 5-6 (2006) (concluding after review of six rigorous studies that
"cognitive-behavioral therapy for sex offenders on probation significantly reduces recidivism")

In short, Mr. Orjuela 's lack of a criminal record, age, strong family support, and
education, as well as his amenability to sex offender treatment, strongly support the conclusion
that he is unlikely to re-offend with appropriate supervision. A sentence of 15 years followed by
a very substantial term of supervised release with appropriate conditions is more than sufficient
to ensure that he does not recidivate.



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D. The Requested Sentence Avoids Unwarranted Disparities.

Sentencing courts must consider the "need to avoid unwarranted sentence disparities
among defendants with similar records who have been found guilty of similar conduct." 18
U.S.C. � 3553(a)(6). Whether any difference among sentences is warranted or unwarranted
depends on the individual circumstances of each case and their relationship to the purposes of
sentencing. "Unwarranted disparity is defined as different treatment of individual offenders who
are similar in relevant ways, or similar treatment of individual offenders who differ in
characteristics that are relevant to the purposes of sentencing." U.S. Sent'g Comm'n, Fifteen
Years of Guidelines Sentencing: An Assessment of How Well the Federal Criminal Justice
System Is Achieving the Goals of Sentencing Reform at 1 13 (2004).

As the following cases demonstrate, even if a case involves allegations of sexual contact
and/or the production of child pornography, as this one does, the sentences do not often exceed
15 years (followed by lifetime supervised release). See, e.g., United States v. Hanlon, Cr. No.
13-cr-283 (GK) (defendant enticed numerous underage females to create pornography and send
to him, traveled to meet someone he believed to be under age for purposes of engaging in illicit
sexual conduct, pleaded guilty to receipt of child pornography and sentenced to 96 months);
United States v. Cody Wolfe, Cr. No. 10-093 (CKK) (defendant who distributed pornographic
pictures he took of his sister and engaged in illicit chat with undercover officer, sentenced to 24
months); United States v. Byron Sanchez, Cr. No. 1 1-093 (RBW) (defendant who produced or
caused to be produced, child pornography of his daughter, sentenced to 72 months for receipt of
child pornography); United States v. Brandon Rock, Cr. No. 1 1-376 (RMC) (defendant who
produced pornographic pictures he secretly took of his stepdaughter via a hidden camera and

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distributed them, sentenced to 172 months).

The defense respectfully submits that a sentence of more than 15 years would cause
disparity with other sentences. A sentence substantially longer than 180 months would exceed
the sentences from cases involving worse conduct than that seen here. See e.g. United States v.
Tanner Stickney, Cr. No. 09-cr-152 (HHK) (defendant who filmed himself raping a 4-year old
child, distributed film, and attempted to set up a second encounter sentenced to 15 years (case
also involved cooperation)); United States v. Kenneth Drew, Cr. No. 12-cr-01 (RLW) (defendant
who pretended to be a young man, stalked 14 year old, and according to victim repeatedly forced
her to engage in oral sex against her will after threatening to circulate alleged naked photos of her
if she refused, sentenced to 84 months); United States v. Robert Henry, Cr. No. 12-cr-280 (BAH)
(defendant who traveled with intent to engage in illicit sexual contact with very young child and
according to victims had prior sexual contact with multiple actual child victims, sentenced to 135
months); United States v. James Brown, Cr. No. 12-155 (RJL) (defendant who distributed child
pornography and arranged to meet to engage in sexual contact with a 12 year old and who was
under investigation for sexual abuse of his grandchildren and was accused of sexual abuse of his
own daughter (both of which he conceded the government could prove) sentenced to 144
months); United States v. Harold Reynolds, Cr. No. 09-1 17 (JR) (defendant who distributed child
pornography and admitted he had previously abused and molested his daughter on at least two
occasions, sentenced to 121 months); United States v. Mariana Quigley, Cr. No. 09-182 (RMU)
(defendant who produced picture of her own naked 6-year-old son and distributed it as well as
other appalling child pornography sentenced to 15-year mandatory minimum for production of
child pornography); United States v. Gregory Loreng, Cr. No. 12-132 (JDB) (defendant who

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possessed and distributed child pornography and had previously abused his adopted sister over
multiple years, sentenced to 96 months). In a particularly egregious case where the defendant
had sexually abused his 10 year-old daughter over the course of three years, photographing and
uploading pictures of the abuse, a defendant was sentenced to 300 months. United States v.
McKinley Hunt, Cr. No. 09-241 (EGS). Similarly, in a case where the defendant engaged in an
online chat and distributed child pornography while on release in a case for repeatedly sexually
abusing his stepdaughter, he was sentenced to 200 months. United States v. Lonnie Newhouse,
Cr. No. 12-072 (BAH). In the context of the sentences for these cases, a sentence of 180 months
is sufficient but not greater than necessary to meet the sentencing needs identified by statute.
E. Mr. Orjuela's Objections to the PSR.

As noted, while Mr. Orjuela admits all conduct set forth in the factual proffer in this case,
Mr. Orjuela maintains the objections to the PSR listed on pages 28-29 of the PSR. Based on
recent conversations with government counsel, it is unclear whether the government will seek for
the Court to make findings in the objected- to areas.

District courts are required to "subject[] the defendant's sentence to the thorough
adversarial testing contemplated by federal sentencing procedure." Rita v. United States, 551
U.S. 338, 351 (2007) (citing Fed. R. Crim. P. 32(f), (h), (i)(l)(C), (i)(l)(D) and Burns v. United
States, 501 U.S. 129, 136 (1991)). A central purpose of Rule 32 is to safeguard a defendant's
right to due process at sentencing. See United States v. McCants, 434 F.3d 557, 561-62 (D.C.
Cir. 2006) (Rule 32 "serves more than . . . purely ministerial function[s]" but rather "protects a
defendant's due process rights to be sentenced on the basis of accurate information, and
facilitates appellate review by furnishing a clear record of the resolution of disputed facts."

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(quoting United States v. Graham, 83 F.3d 1466, 1477 (D.C. Cir. 1996)).

Under Rule 32(c)(2)(3), the Court "must-for any disputed portion of the presentence
report or other controverted matter-rule on the dispute or determine that a ruling is unnecessary
either because the matter will not affect sentencing, or because the court will not consider the
matter in sentencing." Fed. R. Crim. P. 32(c)(3)(B). Thus, to the extent the Court will consider
the objected-to portions of the PSR's account of the offense conduct in determining Mr.
Orjuela's sentence, the defense renews its objection, as neither the government nor the Probation
Office has established the allegations objected to by Mr. Orjuela even under a preponderance of
the evidence standard. Thus, to consider such allegations in determining Mr. Orjuela's sentence
would violate his right to due process. See United States v. Lemon, 723 F.2d 922, 933 (D.C. Cir.
1983) (under the Due Process Clause, "a sentence may not be based on 'improper or inaccurate
information'" (quoting Dorsyznski v. United States, 418 U.S. 424, 431 n.7 (1974))); see also
Stewart v. Erwin, 503 F.3d 488, 491 (6th Cir. 2007) (holding that it is "clearly established" that
the Due Process Clause "protect[s] against a trial court's reliance on materially false information
at sentencing"); United States v. Curran, 926 F.2d 59, 61 (1st Cir. 1991) ("It is well settled . . .
that a defendant has a due process right to be sentenced upon information which is not false or
materially incorrect.").

* * *

Since the Guidelines became advisory, this Court may "dispense mercy on the basis of
factors too intangible to write into a statute." Gregg v. Georgia, 428 U.S. 153, 222 (1976)
(White, J., concurring in judgment). As set forth in the factual proffer, this case features
deplorable conduct. But the question here is whether the Court should unnecessarily discard Mr.

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Orjuela's life as the government requests, and in the process deny him any benefit whatsoever for
his plea, which has been very valuable to all parties involved.

The defense respectfully submits that this case does not call for such a draconian
sentence. Mr. Orjuela's age, his lack of any prior criminal convictions, his employment history,
his remorse for his actions, his amenability to treatment, and his acceptance of responsibility all
militate against such a sentence. Instead, consistent with 18 U.S.C. � 3553(a)(1), the Court
should sentence Mr. Orjuela to 15 years' imprisonment. Within that time period, Mr. Orjuela
will obtain extensive treatment for his sickness such that he will pose no danger upon his release
from incarceration. He should then serve a very substantial period of supervised release that
includes, inter alia, continued sex offender treatment and registration.



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CONCLUSION

WHEREFORE, this Memorandum is submitted for this Court's consideration and to

encourage the Court to sentence Mr. Orjuela to a sentence of no greater than 180 months'

imprisonment, plus a substantial term of supervised release.

Respectfully submitted,

A.J. Kramer

Federal Public Defender



/S/

Jonathan S. Jeffress
Counsel for Hector Orjuela
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Washington, D.C. 20004
(202) 208-7500, ex. 134



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Miami, December 11, 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH



Dear Judge Huvelle:

I am Hector H. Orjuela Jr.'s father and the purpose of this letter is to express an
objective opinion of him before his case closes in January. We have five children in
the family: four boys and one girl, the oldest being Hector and therefore the person with
the most responsibility among the young people. My teaching position required work in
foreign countries, one of them Mexico where Hector had a bad experience in which he
was abused sexually by an older woman. He didn't tell anybody about the bad experience
but surely this abuse may have influenced his future life. Hector was not a good student;
however he has a gift for languages and after some years he became an excellent English
instructor and devoted his efforts to the teaching of that language at an international level:
Colombia, Guatemala, China, etc. In China he was surprised engaging in minor abuse with
young girls, the first time such thing happened, at least to our knowledge.

Fortunately the rehabilitation he received in prison has helped him a lot and he now
not only regrets his past activities but his decision is to never engage himself in antisocial
behavior and in improper acts. I think in this resolution he is very honest and I am sure he
will keep his word. He is, no doubt, the best son and family member and we miss him very
much. Please, your Honor, help him to fulfill his goal.



Respectfully yours,

Hector H. Orjuela



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 2 of 18



THE HONORABLE ELLEN S. HUVELLE
CHAMBERS OF JUDGE HUVELLE
WASHINGTON, D.C.



DEAR HONORABLE JUDGE



I AM HELENA THE MOTHER OF HECTOR JR. , HE IS MY OLDEST SON AND I AM
VERY DEAR AND CLOSE TO HIM BECAUSE HE HAS ALWAYS BEEN A SPECIAL
MEMBER IN THE FAMILY AND ALSO MY FIRST GRANDSON FOR MY PARENTS.

HECTOR JR. HAS BEEN A LOVED SON, FULL OF JOY, COMPASSION AND ALWAYS
WORRIED FOR HIS FAMILY AND PARENTS. A VERY GENEROUS PERSON AND
GREAT FAMILY MEMBER.

OUR FAMILY HAS BEEN KNOWN FOR BEEN VERY CLOSE AND VERY FAMILY
ORIENTED ESPECIALLY IN SPECIAL OCASSIONS OR END OF YEAR CELEBRATIONS.

WE HAD VISITED HECTOR IN GUATEMALA AND CHINA AND HE ALWAYS OUTDID
HIMSELF BY TAKING CARE OF US WITH HIS LOVE AND GENEROSITY TOWARDS
HIS PARENTS. HE VISITED MANY INTERESTING PLACES AND HE WAS DELIGHTED
TO BE WITH US.

WE MISS HIM VERY MUCH AND I JUST HOPE LIFE REWARDS HIM IN THE FUTURE
AND HOPEFULLY THIS SAD EPISODE IN HIS LIFE STAYS IN THE PAST AND HIS
FUTURE IS ONLY BRIGHT AND PROSPEROUS.

HE HAS ALSO BEEN A GREAT FRIEND AND A PERSON THAT HAS FOUGHT FOR
HIS SUCCESS AND HIS CAREER. I JUST HOPE HE CAN BE WITH US SOON.



SINCERELY,



HELENA ORJUELA



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 3 of 18



January 25, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Avenue, N.W.
Washington DC



Dear Judge Huvelle,



I am respectfully contacting you about my brother Hector Orjuela Jr., a defendant in one of your
upcoming court cases. My name is Luis Orjuela and I am the closest in age to my brother Hector.

Let me tell you a story about an incredible human being that was born on March 15, 1966 in
Torrance, California. He was the first child and first grandson in the family, a boy filled of joy and
happiness surrounded by a large Latin family. His early years were happy and innocent as any
kid of his age. Four years later his brother Luis was born and later on three more siblings
completed the Orjuela-Aguirre family.

As he grew up, life became challenging and the constant traveling back and forward from Bogota
where he lived, to California, where his father worked became a norm. As he reached his 12*"
birthday his father was relocated to Mexico City as Director of the University of California Abroad
Program. This was the first time the family was going to be together as a whole for two years in a
row and the father figure present at all times.

Considering the family was growing and the care for 4 children was arduous and complicated,
Hector's parents decided to bring along to Mexico their maid from Colombia to help them with the
care of their children. Unfortunately for Hector, this maid that he trusted and considered his
guardian, molested him, raped him and abused of him for about two years without his parents
knowledge.

Luckily for Hector, the maid got married in Mexico and she never returned to Colombia with the
family. However, this incident marked his life forever and destroyed his once innocent soul, mind
and heart. Research has shown that child sexual abuse can result in both short-term and long-
term harm and its main effects include depression, anxiety, eating disorders and poor self-
esteem. This was the new life Hector was facing with a dark future filled of uncertainties and
challenges.

As he became a teenager the problems worsened and the effects of his sexual abuse became
more noticeable. This period of his life was marked by numerous problems at school, loneliness
and isolation resulting in lack of friends and girlfriends. But he never gave up and fought hard to
get back in track with the help and love of his parents, grandparents and the entire family. This is
the time he realized his most important asset was his family becoming very attached to his
grandparents. He became their guardian, companion and best friend and was always on their
side until their final days.

Hector was now in his twenties and he felt the pressure of going to college and becoming a
professional. He shared the same passion and love for teaching of his grandma, his father and
his aunt, and decided to become an English teacher for children and adults. He studied to
become a teacher and his students really enjoyed his unique style of teaching and sense of
humor. He taught at high school level and later he joined an American academy of languages to
help adults.



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 4 of 18



In search of a better future and brighter opportunities he then decides to accept a job as an
international teacher in Guatemala and later he is transferred to China. Despite being far away
from family and loved ones, Hector always managed to keep in touch either by phone or email
and he never missed a week without sending his joke of the week to family and friends It was
Hector's priority to keep the family together and always made sure to never missed an important
family event whether it was an important birthday a baptism or their traditional family reunion
every end of the year. He would travel many hours and miles to see his loved ones and would
always spend his paycheck to bring presents to every member of the family even to the children
of the poor families working at their farm. His heart is as enormous as no one has ever seen and
his generosity unmatched.



In China Hector found his brightest moments as he was deeply in love and later married the love
of his life and was at top of his career. But he also found his darkest moments as his marriage
dissolved and his life transferred behind bars. Hector is now awaiting sentencing and prayinq for
a second opportunity in life.

This is the story of my beloved brother Hector Orjuela Jr. an individual that has made me the
person I am today and a person that has contributed to having a better family and a better future
for all his siblings, cousins and relatives. The last two occasions I saw my brother free was at my
wedding in Cancun, Mexico two years ago and t at my mother's 70 th Birthday celebration in
Colombia, one year and half ago. He has been always there for my family and me and this is why
he deserves all my respect and support. He has made serious mistakes and I understand he has
to pay for them but I also understand that he is not a criminal and he should not be sentenced as
one. In his 47 years, he has never been in a fight, never has been in jail and even never has
gotten a traffic ticket. He is the most peaceful and caring person I have ever met and I am
convinced he has never meant to harm anybody.

Your honor, please give Hector another chance to rebuild his life and give him another
opportunity to bring his future plans and goals to reality. Hector is a person that needs
rehabilitation and treatment time and not jail time. He has been a victim of society and a victim of
a vicious maid that took his innocence and life away. I am not excusing Hector for his actions and
I am not blaming the maid for what Hector did; but I am sure his life would have been easier and
better if someone would have given him a hand and the help he needed when he was a teenager.
We are not too late, please give him a second try in life and show him the judicial system in this
country is fair and reasonable. Do not let him rotten in jail, give him the help he needs and I
promise you he will became a better person. He needs another opportunity to show the world he
is a good man that deserves respect and he is no harm to society. He is a person that can come
out of that obscure hole he is at right now to shine and excel as and individual and an exemplary
member of society. Please give him this opportunity.

Thank you for letting me share with you the story of Hector Orjuela Jr., my brother, my blood and
my love. My prayers go to the victims in this case and only hope all the people and families
involved find peace and tranquility soon. Brother, we pray for you everyday and our newborn
Luca cannot wait to meet his beloved godfather. Come back home soon!




Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 5 of 18



January 7, 2014
Miami, Florida

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue NW
Washington, D.C. 20001

Case No. l:12-cr-00281-ESH

Your Honor:

This letter is in reference to my oldest brother Hector Orjuela Jr., as it relates to his case
followed in your court. My name is Andres Orjuela, one of Hector's four siblings, and in that light I would
respectfully like to share some personal thoughts about his character and him as an individual.

Hector is an important part of a family that has always strived to be united. He provides strong
emotional support to our entire family and has been a pivotal part of maintaining its cohesiveness. Not
only is he the oldest sibling, but also the oldest cousin of an entire generation of us that were influenced
and inspired by him. In their final years of life, Hector took care of our most beloved legacy, our
maternal grandparents, and this is one of many examples of his deep involvement in family matters.
Through the years, he has always shown to be caring, compassionate and altruistic.

As a brother he has been extremely supportive, attentive and overall, a great pal. He taught me
innumerable things as we grew up, the love of music, sports, and the importance of a smile and the
value of laughter - he's always had a good sense of humor. We traveled extensively in childhood and
adolescence and since then, both him and my siblings, have loved to see the world, its cultures, foods
and peoples. Because of those experiences, Hector and all of us, have become more knowledgeable,
tolerant and amazed of the beautiful world we live in.

Hector is genuinely a good person. I think he had a few but very unfortunate episodes in his life,
that led him through treacherous paths and as family we failed to recognize he needed help.
Nonetheless it is never too late to try to help and this letter is one of many steps that we take as we
strive to support him through the difficult road ahead. His family is fully devoted to this goal. I truly
believe that with the appropriate support and therapy he can live a more productive life, without fears
and doubts that have followed him for so long. I do hope he can go to Massachusetts for inpatient
rehabilitation and then to Florida where his 3 brothers reside. Our emotional support would be valuable
in our quest to help him.

In conclusion, I believe Hector has the capability of being a valuable member of society, has
every intention to better himself and is strongly committed to rehabilitation and therapy. He is a
wonderful human being, and as such he is capable of making mistakes. I hope he gets a chance in life to
fulfill his dreams. Just as he has always been there for us, we will continue to support and care for him
every step of the way.

Sincerely,

Andres Orjuela, MD



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The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, DC.



Dear Judge Huvelle:

I respectfully address these words to you to express my sentiments in relation to Hector
Orjuela Jr., whose case is followed in your court.

I am Patricia, Hector Jr.'s youngest aunt. Affectionately we call him "TONU" in our
family. When Tonu was born I was 1 1 years old and he has always been a special nephew to
me, a loving, caring and family-oriented type of person. I have unique memories that have
brought us closer together.

When my oldest daughter was studying, finishing high school, Hector Jr. was a dear
friend to her and to her girlfriends. They loved him as if he was a cousin to them; he
accompanied them to various reunions and made them laugh with his amusing remarks. We
have been good friends for a long time, and during his years in Colombia, we shared a common
passion that brought us closer, our love towards my mother and his grandmother Ana Helena.
His love for her was immense and Hector was Grandma's first "currunchito" (a term of
endearment). Hector Jr. was Grandma's first grandchild, and together with Grandpa "Tin", they
taught him, and the rest of us, the importance of a cohesive family above anything else; the
value of fraternity around a family that understands the meaning of forgiving errors and faults in
each of its members.

We have also had a close bond given our inclination and love towards education and its
practice. Not only have we exchanged ideas, but also teaching materials and moments in our
careers in education; a profession that we carry in our veins and that several members of the
family have devoted their lives to.

He then left Colombia to look for new horizons in his calling as teacher. In the distance,
his family ties became stronger, and he continuously prioritized family, his desire to live a happy
and fulfilling life. He manifested his joy in messages, in conversations or at times when he
visited with us. He is a family member who is generous, loving and with a great sense of humor.

Today, under custody, he is always in my mind; it hurts me deeply to see him live
through this situation that has taken him away from his path, but I know that God and the Virgin
will give him the strength to carry on and endure whatever the future holds for him.

Thank you for your attention.



Cordially,



Patricia Aguirre I.



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 11 of 18



The Honorable Ellen S . Huvelle
Chambers of judge Huvelle
Washington D.C



I am Luis Jorge, Hector Orjuela's maternal uncle.

My parents Ana Helena and Luis Martin were the main promoters of the family unity that
is keeping us closer in these tough moments. They instilled good manners and love in us,
and always made sure each of our families were brought up that way also.

Hector jr. is a human being with a great heart, and even though he lived far away we
knew we always had a helping hand in him when we needed it. In my case, specially, my
kids Jorge Enrique and Andrea remember him the way he is, always joyful with his
amusing jokes every time he visited Sogamoso, where we live.

Hector Jr. was the first of many grandchildren to my mom, Ana Helena, and as such, her
protege. He was next to her in her last moments of life and I am sure she will be blessing
him from heaven so he can carry on with his life in the best possible way.

Beatriz Franco from Sogamoso, sends him a warm embrace and the best of lucks for the
situation he is enduring.

Sincerely,



Luis Jorge Aguirre.



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 12 of 18



November 28, 2013



The Honorable Ellen S. Huvelle
Washington, D.C.



Your Honor:

I would like to give a profile of what our family is like; and how we received, with all the
love from my father and mother, the example of faith in God and above anything else, the value
of a united family.

Hector Jr. was the first grandchild, and I know my parents felt what I now feel for my first
grandchild. I always remember that Hector Jr. carried my wedding rings and he was there
representing his parents, who could not attend because my sister Helenita was pregnant in the
U.S. with her second child.

I am the second child in the family and have always loved my nephews/nieces as if they
were my own children.

All the principles and values that we received in our paternal home have been passed on
to our children, and we always try to do our best for them!

Hector Jr. has always been a special member in our family, a human being full of light,
with an unrivaled sense of humor, with loving devotion for his family, always being the first one
to congratulate us on our birthday, regardless of how far away he was from us. Hector Jr. is
enormously generous in every sense of the word.

pi

The meaning of family is very important to us and we always try to come together for
especial occasions; we always thank God for all the good things that we have had in our lives.
For this reason we now ask God to help and enlighten Hector Jr. who has been a good member
of our family, who needs his family and the family needs him to continue to grow under the
legacy of our parents.

My husband Anibal subscribes to my petition for Hector Jr. He does not write much
nowadays secondary to his tremors of age, but he always has had an excellent relationship with
Hector Jr., and thanks to my husband's values, we are able to be united in this difficult moment
that Hector Jr. is going through.

May God enlighten you Your Honor, as well as Hector Jr. and may God hold his hand.

I am aunt Maria Eugenia and I always carry Hector Jr. in my heart!



Thank you.



Maria Eugenia Aguirre Aguirre



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 13 of 18



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
Washington, D.C



I am Valentina, the oldest of the nieces to my uncle Tonu, that's his nickname in the
family. My mom is ximena, his sister.

Whenever he visits, he brings me lots of gifts, he takes me for ice cream and to the
movies frequently, and he is very generous and kind with me.

I miss and want to see him again soon.



Valentina Romero Orjuela.



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November 26 th , 2013



The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United Stated District Judge
333 Constitution Ave, NW
Washington, DC 20001



Honorable Judge,

The ongoing case against Hector Orjuela has not only afflicted his nuclear family, but his
extended family as well. We all feel the grief of having one of our beloved family
members go through such situation.

As Hector's cousin, we spent our childhood together and most of our cousins and I share
the passion for sports and music that Hector instilled in us. As the oldest of the cousins,
he always set an example of deep and unconditional love for the whole family.

Like I mentioned before, this situation has affected us deeply. We know we all have
character flaws as human beings, and we also know that life can offer us second chances
to reflect and turn our lives around for the better, for ourselves and for society.

We can only hope our letters move and show you that the outcome of your decision will
not only affect someone who constantly showed great qualities in or outside the family
circle, but it will have an impact on the whole family. A family that wants the best for
Hector's life.

We would love to have him around so we can enjoy family gatherings again, laugh with
his bright comments, or just to enjoy his company. We only want to have him back to
shower him with the love and support that he needs, to be able to go on with his life, and
introduce him to our son, who he has not met yet.

I really appreciate the time you have taken to read our letters, and we pray to God for his
guidance through the painful situation we are enduring, so we can all find forgiveness
and family unity.



Thank you,



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 16 of 18



The Honorable Ellen 2. Huvelle
Chambers of Judge Huvelle
Washington, D.C.

Honorable Judge,

I am writing this letter to tell you about Hector Orjuela, my brother-in-law. I had the fortune of meeting
his brother Luis, who is now my husband, and his family 5 years ago.

I consider myself fortunate because i have had the privilege of spending time with each and every single
one of the members of the Orjuela family and their extended family as well. All of them, including Hector
Jr. have been attentive, caring, hospitable and respectful to me at all times.

What strikes me the most about my husband's family is their integrity, strong moral values, and the deep
love and support for each other that bonds them.

I spent a couple of times with Hector when he visited us in California, and the various times when we
visited the family in Colombia for the holidays. His generous ways, warm heart, and our deep
conversations reassured me that the high standards of ethics and behavior that his family abides by,
are the ones I want my own family to be brought up with.

As a mother of a two month old, I can only pray for God to bring peace and forgiveness to the families
that have been affected by this hard situation. I realize bad Judgment brings along punishment and I also
know that Upon freedom, Hector will only look for peace within his soul and a way to turn his life around
for the better with the great support and guidance of his family.

As human beings we all have flaws, but I firmly believe in the power and the right to have second chances
in life. We would love to have Hector back in the family where his Joyful spirit and kind heart are very
much missed. We know he would make the best out of an opportunity to have his freedom back and a
new life to correct the wrongdoing because his family is his motto and we are all united in helping him
overcome this and become a good influence in society.

I greatly appreciate the time you have taken to read our letters where we plead for my son's uncle
freedom and forgiveness.

Sincerely,



Gatalina tibreros



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 17 of 18



November 26 th , 2013

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Ave, NW
Washington, DC 20001



Ref . To Hector Orjuela case
Honorable Judge,

I wanted to write this letter to tell you my opinion about Hector Orjuela. I have known
him for about seven years now (he is my husband's cousin), and I was very surprised and
saddened to know what he is going through. It is hard to believe that something like this
could be happening to a person with such moral values who is also kind, special, and
joyful.

I want you to know that I have spent a lot of time with him in different places, that I
know his family and I can assure you that he was brought up with strong values and
raised to respect himself and those around him.

I personally miss his sense of humor, his constant presents, his kind company, and his
jokes that would light up our hearts and. made every one of his visits unforgettable. He
won my heart and I got to consider him as one of my own family, looking forward to his
next trip so we could spend more time with him as a family.

I believe that this experience will leave many lessons in his life. If he was to have his
freedom back he would be a prophet of his own experience and would teach others not to
make mistakes like that in life. I am a firm believer in second chances and I am positive a
second chance would help Hector for the better.

I beg you to please give him back to us, I have an eight-month-old boy who does not
know him yet and I would love for them to meet. I would love to see Hector come back
to this family that seven years ago kindly took me in, and taught me the value of family
and love, and how not having one of its members close grieves our hearts and souls.

Last but not least I want to thank you for taking the time to read this letter, I am honored
to have the privilege to write to you.

Thanks a lot,




Ineda



Case l:13-cr-00193-ESH Document 18-2 Filed 03/02/14 Page 18 of 18



Ervie Pena, Ph.D

Professor Emeritus of Spanish, California State University, Fullereton, Ca.



January 28, 2014

The Honorable Ellen S. Huvelle
Chambers of Judge Huvelle
United States District Judge
333 Constitution Avenue, N. W.
Washington, D.C.

Dear Judge Huvelle:

I respectfully submit this personal character reference in support for leniency for Mr. Hector H. Orjuela, Jr. whom I have
known for over fifty years.

This personal request on his behalf is based on my prolonged friendship with his parents, Dr. and Mrs. Hector H. Orjuela,
that began in 1960, and that has lasted throughout the entire life span of Hector, Jr., the oldest of their five siblings. During
these years, I have been accepted as a respected member of the family and, in that capacity, I have fulfilled the role as either
brother, godfather, and/or mentor to all five children on special occasions, and will continue to do so as the need arises.

On this special occasion, I am prepared to testify under oath, by written statement, by deposition, either tape recorded, video
taped, and/or in person at any US Federal Government Agency, that the following observations are based on my own personal
experiences:

I honestly, objectively, and without bias, believe that Hector, Jr. is by nature a non-violent person. To the best of my
knowledge, he has never engaged in kind of violent act, or displayed any kind of anti-social behavior with the intent to hurt
people during the fifty years that I have known him. In brief, I know of no wrong committed by him that would discredit the
strong Christian, ethical and moral upbringing that he has received from his parents.

On the contrary, Hector, Jr. by nature is a friendly, sincere and polite individual who has always tried to be of beneficial
presence to his family, friends, and to people from all walks of life. One very positive aspect of his personality that people
generally find attractive, is his fine sense of humor and sharp wit which might be perceived as being overbearing at times, but
never as a means to intentionally injure or denigrate anyone. Hector, Jr. has always been a social asset rather than an anti-
social liability to people no matter where he has lived.

I feel that I know my dear friend well enough to assure Your Honor that he is a very compassionate person guided by strong
moral and ethical principles to the extent that he will accept as his responsibility to resolve through the guidelines set forth by
your sentence some very important issues in his life. I, like his family and close friends who love and respect him, will always
be available for support and guidance when it is needed.

Respectfully,



Dr. Ervie Pena



Case l:13-cr-00193-ESH Document 18-3 Filed 03/02/14 Page 1 of 10




To: Honorable Judge Ellen S. Huvelle

From: Mr. Mark MacAllaster

G.E.D. Inmate Program Coordinator

Date: May 17, 2013

Re: Mr. Hector Orjuela (DCDC 337-102)



Judge Huvelle,

I am Avriting to express my support for Hector Orjuela, an inmate and tutor on the GED block at DC
Central Detention Facility (CDF). From his arrival to the education block in March 2013, Mr.
Orjuela has been a key individual in not only overseeing a class of between 8-12 students but also
making sure that day to day operations of the program run smoothly. Most notably, of Mr. Orjuela' s
many achievements, he has been integral to the success of 6 of the 8 GED graduates students who
passed the most recent GED exam.

Mr. Orjuela has also been very valuable in a few of our other GED initiatives. Fie has contributed
greatly by creating daily lesson plans and saving them to our repository. Among his other
responsibilities, he teaches Alpha Level Reading & Writing class and administers weekly tests.
Being an effective tutor not only requires a good understanding of the material, but also requires the
ability to explain the topic for those of varying levels to comprehend. Mr. Orjuela has done an
excellent job of breaking down the material so that it is easy to understand. lie is also very patient
with his students when it takes them a while to pick up a topic.

Overall, Mr. Orjuela' s effort and contributions have been exemplary.

Thank you for considering this information in determining his sentence.



Sincerely,




Mark MacAllaster





Case l:13-cr-00193-ESH Document 18-3 Filed 03/02/14 Page 2 of 10




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Case l:13-cr-00193-ESH Document 18-3 Filed 03/02/14 Page 3 of 10

Monday, August 05, 2013



Honorable Judge Huvelle,

I am writing to express my support for Mr. Hector Orjuela, a fellow inmate and tutor on
the GED Block at DC Jail. For the past five months I have been participating as a tutor and
have encountered many personalities among tutors and students. From my experience in jail, I
feel his character and personality stood out to me because the qualities he possesses are rare.

I have a degree in engineering and I have tutored math at the college level, so I know
how difficult it can be to teach students to learn new material. Mr. Orjuela currently teaches an
English GED course in reading and writing. As a tutor, he manages many roles including but
not limited to assigning homework, administering tests, developing lesson plans, grading
assignments, and tracking students' progress. He has a unique skill of being able to break
down material so that students can understand it. He helps struggling students during his free
recreation time if they approach him. He also has the patience required to teach these young
men. His skills are rare, even among tutors, and have proven to be very valuable to our
program.

Mr. Orjuela also shows positive character traits by using his personal recreation time to
help others learn Spanish. He manages and teaches an informal "Spanish as a Second
Language" class. I, along with three other tutors, participate in his Spanish class daily. He
makes certain that each student understands the grammar, vocabulary, and pronunciation of
the language. He also helps me with my self-study activities. I can honestly say that due to his
efforts I can read, write and speak basic Spanish.

I believe it shows how special and caring of a man Mr. Orjuela is to make sure others
around him are learning and tackling new goals. He has given me the motivation to learn
Spanish. I have made it a personal goal to become fluent on the language by the completion of
my incarceration. I know every time I say "<LC6mo estas?" or other phrases in the future, I will
be reminded of him and how he motivated me to learn and become a stronger individual.

Everybody makes mistakes, but I believe that how you learn and grow from them is the
key. I believe Mr. Orjuela is an otherwise honest and decent person. Living in a jail setting one
quickly learns how to recognize good and negative traits. I have experienced nothing but
positive traits from him. I encourage you to carefully consider the sentencing and punishments
for him and thank you for allowing me to describe some of his important roles he has played in
the lives of his students and in my live.



Sincerely,




Jeffrey Klenk
DCDC#: 336-280



Case l:13-cr-00193-ESH Document 18-3 Filed 03/02/14 Page 4 of 10



August 6, 2013



Honorable Judge Huvelle,

. Thank you for taking the time to understand and rationally decide a proper punishment for a well-
respected, patient, understanding, and remorseful inmate and friend, Mr. Hector Orjuela. When I arrived
to the block at the beginning of April 2013, Mr. Orjuela was very welcoming and quick to assist me in
becoming acquainted with the GED block here at the District of Columbia Central Detention Facility. Since
that time, Mr. Orjuela has shown leadership, friendship, and humble sportsmanship throughout our stay.

Mr. Orjuela and myself were first placed together to teach the highest level of English to the
students that would soon sit to take the National GED test in order to show high school completion.
During this time, he planned most of our lessons, and used his personal time to make worksheets for our
class, and to look up information for our next class. This surprised me and showed me the true dedication
of this man to, not only himself, but to the betterment of others. Although that surprised me, nothing could
prepare me for what I learned quickly afterward; not only was Mr. Orjuela using his personal time to help
our class, and me, but he was also researching, planning, and teaching two of his own classes which he
developed and did during his recreational time. He started and taught several students in a SSL (Spanish
as a Second Language) class, and built onto an already existing ESL (English as a Second Language)
class. His dedication and involvement with helping others went well beyond the normal level of any other
tutor on this block, and quickly stood out to me as astonishing. Even though I had previously taken four
years of Spanish in school, and was relatively fluent, I found Mr. Orjuela's class inspiring, helpful, and
reasonably paced. He truly has a knack for teaching and helping others.

With all of the "extra" classes he was planning for I would not have expected him to have the time
and ability to spend time on a personal level during our recreational time; however, again I was proven
incorrect. Mr. Orjuela made time to get to know everyone on a personal level and partake in games,
movies, and TV with the rest of the inmate population. During game play, he made sure to include
everyone, even at times helping translate for inmates to encourage Spanish and English student
relations. Our games became not only enjoyable competitions, but also a learning experience.

Throughout our combined time teaching, Mr. Orjuela and I were successful in controlling, leading,
and keeping an eight- to ten-person class engaged, which, as you can imagine, can sometimes be
complicated in a situation such as this. By being able to stay on a personal level with the students and
myself, he was able to gain the confidence needed for students to respect and understand him.

Obviously, punishment and sentences are a very difficult and time-consuming ordeal, but I hope
you are able to take into strong consideration his dedication to the GED block and more importantly his
role in encouraging other inmates to better themselves with education. The selfless act of instilling in
other inmates the importance of education will no doubt be a lifelong betterment for every inmate that Mr.
Orjuela has helped. Mr. Orjuela has shown growth, potential, and remorsefulness, all of which takes
courage, a true heart, and a remarkable man.

Thank you for your time and attention, and I hope I was able to shed some light on the positive
impact a true and honest man has made on the District of Columbia jail and future society as a whole.



Sincerely,




Case l:13-cr-00193-ESH Document 18-3 Filed 03/02/14 Page 5 of 10



Aug. 5, 2013



Dear Judge Huvelle:

Please allow me to share my observations about a fellow inmate at the D.C. Jail,
Hector Orjuela.

When I arrived as a new tutor on the GED block, Mr. Orjuela was one of the first to
extend his hand, introduce himself, and offer his assistance as I acclimated myself
to my new surroundings and duties. I found him to be very warm-hearted and
welcoming, and would come to learn that this was not an isolated instance.

Here on the GED block, Mr. Orjuela not only teaches the classes to which he's
assigned, but also leads an English-as-a-Second-Language class for the Spanish-
speaking inmates, and tutors one of the American inmates in Spanish, both on his
own time,

When not in GED classes, much of our rec time is spent playing games, and Mr.
Orjuela is always a welcome presence, bringing not only good sportsmanship, but
his pleasant nature to the table. While playing, he often acts as interpreter for one
of the players and, in doing so, furthers that player's ESL studies and teaches the
rest of us some Spanish, as well.

I can honestly say that I've never heard him have a negative comment about
anyone. Being in jail isn't a pleasure for anyone, but Mr. Orjuela's ability to make
the most of an unfortunate situation is an inspiration to me, as are his efforts to
help his fellow inmates better themselves. I believe these traits are indicative of his
overall character.

Thank you very much for your time and consideration in reading this letter, and I
hope it assists you in the difficult task of deciding Mr. Orjuela's sentence. If I can be
of any further assistance, please do not hesitate to contact me.

Very truly yours,




William G. VanSant



DCDC# 337477





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8/5/13



Honorable Judge Ellen S. Huvelle,

Mr. Hector Orjuela currently teaches Gamma in English reading and writing. As a tutor,
he manages many roles including but not limited to assigning homework, administering tests,
developing lesson plans, grading assignments, and tracking students' progress. He has the
patience required to teach these young men. He also has a unique skill of being able to break
down material so that students can understand it. Due to his learning abroad he has developed
distinctive ways of teaching. This skill greatly contributes to students learning because it gives
them an additional way of solving problems and some students prefer his method of problem
solving. His teaching skills are rare, even among tutors, and have proven to be very valuable to
our program.

Mr. Hector Orjuela and I also hold private tutor "Sit down" sessions during recreation
time for Spanish lessons that I am interested in learning additional material. He create custom
Spanish phases and distribute them to the students who willing to learn. I believe it shows his
true character because he is willing to help struggling students during his free recreation time.
It is rare to see inmates use his recreation time to better themselves and help others.

I believe Mr. Hector Orjuela is an honest person and I have seen him personally grow
from this experience. Many individuals see this as only a negative experience, but I find that he
finds opportunities for personal growth and inspires his fellow inmates to do the same. He has
personality opened my eyes to many things and he has helped me to become a better person
and leader. I encourage you to carefully consider his sentencing and thank you for allowing me
to describe the positive character traits I have experience from him.



Sincerely,




Benson Hia





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David Mc ^Ste^ r i^riQd3^ Page 1 of 2



Mail On I IPG?

US teacher arrested in China on suspicion of
molesting six children at an international
school

• David McMahon, 32, is suspected of abusing four girls and two boys

• Suspected of taking children alone to school library or empty areas then
molesting them

By Anthony Bond

PUBLISHED: 08:30 EST, 14 June 2013 | UPDATED: 08:49 EST, 14 June 2013

An American teacher has been arrested in China on suspicion of molesting six children at an
international school in Shanghai.

David McMahon, 32, is suspected of abusing four girls and two boys, aged from 6 to 10.

McMahon was detained last month, the day after one of the children and her parents reported to police
that she had been abused by him several times.




Held: Chinese authorities have arrested an American teacher on suspicion of molesting six children at an international

school in Shanghai. This is an image of the city

Police said in a statement that McMahon was suspected of taking the children alone to the school
library or open, empty areas on the pretext of checking their homework, then forcing them to take their
clothes off and molesting them.

Another 6-year-old child reported having seen McMahon allegedly molesting classmates, police said.



http://www.dailymail.co.uk/news/article-234 1 668/David-McMahon-arrested-China-suspici. . . 2/1 9/20 1 4



David MeM^aifea|5f^^r^�^P6H^]0^Oifife^tet^g Hte#$i)f@2/a4M P&gsp&i&f -2 ?^ 2 of 2



The alleged victims are all foreign nationals, the official Xinhua News Agency (reported. Mb further
details about McMahon were released.

China has been grappling with a recent spate off child sex abuse cases allegedly involving school
teachers or employees.

The cases - whose victims have mostly been young girls - have triggered public fury and a pledge by
the country's Supreme People's Court to crack down cum crimes against children.



http://www.dailymailxo.uk/news/article-2341668/David-McMahon-arrested-CM 2/19/2014



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 1 of 16



PEDOPHILIA: DIAGNOSTIC CONCEPTS
TREATMENT, AND ETHICAL CONSIDERATIONS

Fred S. Berlin, M.D., Ph.D. and Edgar Krout, M.A.
Johns Hopkins Hospital, Baltimore, MD.



Over the past decade we have become increasingly aware of the extent and
magnitude of the sexual victimization of children in our society and considerable efforts
have been made to offer help and assistance to these victims. However, to a large
extent, their perpetrators have been regarded more as offenders deserving punishment
than as persons needing help.

This paper serves to broaden the base of our knowledge in regard to an adults
sexual attraction to a child and helps us differentiate between the perpetrator and his
offense. It is a conceptual work, exploring the nature of pedophilia, its etiology,
manifestation, diagnosis, and treatment which encompasses both clinical and ethical
considerations.

To an issue fraught with myth, misconception, fear, hostility, and ignorance, Dr. Berlin
and Mr. Krout s paper brings clarity, order, understanding, and hope. It is only through
understanding and with understanding that we will find the way to help perpetrators
inhibit unwanted pedophilic inclinations. The sexual victimization of children is the abuse
of power. Knowledge is power, and through knowledge we are empowered to address
this problem and make our society a safer one for our children. This paper is an
important contribution to the sparse literature on a serious subject.

A Nicholas Groth, Ph.D., Co-Director, Sex Offender Program, State of Connecticut Dept.
of Correction, Somers State Prison.



THE NATURE OF HUMAN SEXUALITY

People do not decide voluntarily what will arouse them sexually. Rather in maturing
they discover the nature of their own sexual orientation and interests. Persons differ from
one another in terms of (a) the types of partners whom they find to be erotically
appealing, and (b) the types of behaviors that they find to be erotically appealing. They
also differ in intensity of sexual drive, the degree of difficulty that they experience in trying
to resist sexual temptations, and in their attitudes about whether or not such temptations
should be resisted.

When persons experience erotic desires to engage in types of sexual behaviors that
could cause themselves or other harm, such as sadistic, coercive or masochistic sexual
involvements, psychiatric help may be needed. This may also be necessary when a



1



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Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 2 of 16



person experiences strong erotic attractions towards unacceptable sexual partners, such
as children.

Some psychiatric diagnoses can be made, then, simply by asking co-operative
persons about the range of behaviors they find to be erotically appealing and about the
difficulty they experience in trying to resist succumbing to such sexual temptations. This
line of questioning can identify the person who meets the DSM III diagnostic criteria for
sexual exhibitionism, sexual sadism, sexual masochism, transvestism, and compulsive
voyeurism (American Psychiatric Association, 1978). Each of these represents an
unconventional form of sexual appetite. These men, unlike the average man, often
experience great difficulty resisting erotic temptations to repeatedly expose themselves,
to repeatedly have themselves beaten, or to repeatedly peep in windows, depending
upon the nature of their particular sexual compulsion. Masturbation cannot fully satisfy
these cravings because what they crave is not just sexual release, but a specific type of
sexual activity. Thus, although the average man is physically capable of exposing
himself publicly, he does not have to repeatedly fight off the urge to do so, as does the
exhibitionist, in order to stay out of trouble.

Another way in which sexual problems possibly requiring psychiatric assistance can
be identified is by inquiring about the range and types of partners that a person finds to
be erotically appealing, and about how difficult it is to resist the temptation to become
involved sexually with such partners. Some men, for example, report that they are
attracted sexually to both children and adults, but that when they have a satisfying adult
relationship they are able to resist the temptation of becoming sexually intimate with a
child. Some such men, however, during periods of time in their lives when they do not
have a satisfying adult relationship do become involved sexually with children. Groth
(1979) refers to such men who find both adults and children to be erotically appealing
as regressed pedophiles. There are other men who experience absolutely no erotic
attraction whatsoever towards adults but who have a great deal of difficulty resisting the
sexual temptations that they experience towards children. Groth refers to these men as
fixated pedophiles.

Pedophilia then is simply a term used to indicate that an adult finds children to be
sexually appealing. This condition seems to have been identified almost exclusively in
men. If a man is attracted sexually only to boys, a diagnosis of homosexual pedophilia
can be made, whereas if he is attracted only to girls, a diagnosis of heterosexual
pedophilia my be in order. If gender is not a factor, then the appropriate diagnosis is
bisexual pedophilia. As with other appetites, the pedophilic appetite craves satiation,
with recurrence of hunger an expected event.

Some men who are attracted sexually to children desire not to be and would like to
change. Under such circumstances, their sexual attractions to children are said to be
ego-dystonic. If a man's sexual attraction towards children does not conflict with his
conscience and personal moral convictions, then his pedophilic desires are said to be



2



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 3 of 16



ego-syntonic. In very rare instances, some men experience erotically sadistic desires
towards children. Under such circumstances, a diagnosis of sexual sadism should also
be made.

There are some men who find children to be somewhat appealing erotically but who,
nevertheless, find it easy to resist becoming sexually involved. Such persons may not
require professional assistance. Those who do experience difficulty resisting such
temptations on their own, however, may require help.

The following is a brief verbatim quote from a man whose sexual orientation can be
characterized as ego-dystonic, fixated, homosexual pedophilic. The comments of this
patient give some sense of how tortured and conflicted he feels by the sexual lusts and
cravings that he experiences towards young boys.

"What starts a person like myself dong what I do? Why me? Why cant I be normal
like everybody else? You know, did God put this as a punishment or something
towards me? I am ashamed. Why can't I just go out and have a good time with
girls? I feel empty when a female is present. An older 'gay' person would turn me
off. I have thought about suicide. I think after this long period of time, I have actually
seen where I have an illness. It is getting uncontrollable to the point where I can't put
up with it anymore. It is a sickness. I know it's a sickness. But as far as society is
concerned, you are a criminal and should be punished. Even if I go to jail for twelve
or fifteen years, or whatever, I am still going to be the same when I get out."

This last statement was not meant to be defiant.



ETIOLOGY OF PEDOPHILIC SEXUAL DESIRES

It is a deeply rooted aspect of human nature that we experience desires to seek out
a partner with whom we can share tenderness, affection, companionship, and physical
intimacy. Even in animals, one can observe the so-called mating instinct. People do not
experience feelings of erotic love because it is intellectually rational to do so, or because
they have been taught that it is sensible to do so. Rather, there is a certain "chemistry"
involved. Most of us can describe attributes, both physical and psychological, that
comprise our archetypical fantasies of an idealized partner or mate. In the overwhelming
majority of cases, the object of our erotic affections is a rieer. Most adults do not (1)
become involved sexually with children, (2) repeatedly fantasize about children when
masturbating, (3) find pictures of naked children more erotic than pictures of naked
adults, and (4) have to repeatedly fight off the temptation of becoming involved with
children in a sexual or romantic way.

In addition to yearning for a loving adult sexual relationship, almost all of us are
aware of the fact that infants and children often elicit an emotional response from us.



3



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 4 of 16



Rather than involving feelings of lust or erotic love, however, the feelings which often well
up internally in response to children are ordinarily ones of affection and gentleness, as
well as a desire to nurture, cherish, and protect. It is sometimes difficult to resist the
urge to pick up and cuddle a young infant or child. We do not ordinarily fall in love with
children, however, in a romantic or sexual way.

Most young people devote a great deal of time, thought, and energy towards seeking
out a partner with whom to share affection, companionship, and physical intimacy. The
man who, for unknown reasons, discovers that he craves that type of relationship with
a child rather than with an adult, however, copes with life from a very different
perspective.

Some have argued that sexual assaults are invariably aggressive (Groth, 1979). In
the vast majority of pedophilic acts, this is simply not so. Most pedophiles, use no
physical force whatsoever, but instead derive pleasure from engaging in sexual activities
with children, sometimes in a caring way (Baker et al, 1968; Berlin, 1983b). By definition,
the issue to be explained in pedophilia is one of sexual and affectional orientation.
Pedophilia is not a disturbance of temperament or aggression.



SEXUAL ORIENTATION:
PENECTOMIZED MALE REARED AS A GIRL



How is it then that sexual orientation and affectional interests are acquired? It appears
that both life experience and constitution play a role. The role that environment can play
was dramatically demonstrated by a tragic case reported by Money (1980) in which one
of two genetically identifical male twins was so severely damaged at the time of
circumcision several months after birth that a total penectomy was required. That child
was then reared as a girl. The child's chromosomal pattern, of course, remained
unchanged, and she has now reached her teenaged years. She has developed breasts
by virtue of having been administered estrogens; surgically, an artificial vagina has been
created. According to Diamond (1982), however, she nevertheless experiences
considerable difficulty in adjusting as a female, and she is in some ways ambivalent
about her status. Still, at age 19, this twin raised as a female apparently feels herself to
be a woman in terms of gender identity and also experiences some level of sexual
attraction towards age-appropriate males. Thus, although she is a woman with an XY
rather than a XX chromosomal karyotype, as a consequence presumably of how she has
been raised, she feel herself to be a woman and she finds men to be sexually appealed.



4



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 5 of 16



MANY PEDOPHILES FORMER "VICTIMS"



There are many additional examples showing that environment and life experiences
can play at least some role in the development of gender identity and in the development
of sexual orientation and interest. Groth (1979) and others have shown that many men
who experience pedophilic erotic urges as adults were sexually involved with adults when
they were children. Thus, in treating the pedophile one is in point of fact often treating
a former "victim." One is merely treating him later on in his life after the circumstances
of his childhood, or the intricacies of his biological constitution, have produced their
psychological sequelae. Why sexual involvements with an adult during childhood seem
to put some at risk of experiencing pedophilic sexual urges later on in life, but not others,
is not known.

Money(1 980) has proposed that excessive prohibition of early sexual expression may
also put one at risk of developing pedophilic sexual desires. He has reported that many
men with sexual disorders have come from homes where even the slightest expression
of sexuality, including masturbation, was severely chastised. Gaffney et al (1984a) has
documented evidence that pedophilia may occur more frequently within certain families.

Biology, too, can play a role in the development of sexual interests. Sexual behavior
in humans is often a response to subjectively experienced erotic desires and fantasies.
Although it appears that specific sexual tastes or preferences may sometimes be
modified by virtue of early life experiences, the phenomenon of sexual desire itself is
apparently unlearned and rooted in biology. Males do not have to be taught how to
obtain an erection. Just as it is ture of language and dialect, once acquired sexual
desires are not readily modified.

It is just as reasonable to ask whether one might be put at risk of developing
unconventional sexual interests, such as pedophilia, by virtue of the presence of certain
biological abnormalities, as it is reasonable to ask whether one could be put at such risk
by being exposed early on in life to certain environmental events. One way of
addressing this issue would be to try to determine whether or not there is an increased
prevalence of biological abnormalities of the sort thought to be related to human
sexuality among a group of men who experience unconventional sexual interests.



BIOLOGICAL ABNORMALITIES



Berlin (1983b) evaluated 41 men, all of whom met the DSM III diagnostic criteria for
some form of paraphilia ("sexual deviation disorder") looking for the possible presence
of biological abnormalities. The majority of these men were either pedophiles or
exhibitionists. Although no significant abnormalities were detected in 12 of the 41 , a total



5



001S37



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 6 of 16

of 63 abnormalities was found among the other 29 men. These included 7 chromosomal
anomalities (most frequently Klinefelter^ syndrome), as well as 18 abnormal levels of
testosterone, 8 of follicle stimulating hormone, and 14 of luteinizing hormone. There
were also 7 abnormal CT scans of the brain, 4 pathological EEG's, and 5 abnormal
neurological examinations. Following statistical analysis, Berlin (1983b) concluded, as
have others, that there may, indeed, be an association between the presence of certain
kinds of biological abnormalities and the presence of unconventional kinds of sexual
interests such as pedophilia. Recently, Gaffney and Berlin (1984) documented an
abnormal pattern of luteinizing hormone (LH) release over time in response to the
intravenous administration of bolus of luteinizing hormone releasing factor (LHRF) in a
group of pedophilic patients. At the Johns Hopkins Hospital Sexual Disorders Clinic, it
is unusual to see a man who experiences recurrent pedophilic cravings in the absence
of (a) a significant biological abnormality, (b) a past history of sexual involvements with
an adult during childhood or (c) both.

ASSESSMENT: DISTINGUISHING BETWEEN
(1) DIMINISHED MENTAL CAPACITIES, (2) PERSONALITY TRAITS,
AND (3) SEXUAL ORIENTATION



Persons are sometimes referred for psychiatric evaluation because they have become
sexually involved with a child. However, a diagnosis such as pedophilia cannot be made
simply by considering behavior alone. Rather, for purposes of diagnosis and for proper
treatment, one must try to appreciate the state of mind which contributed to the
individuals' behavior.

Like any behavior, sexual behavior with a child can be enacted for a variety of
reasons. For example, a person with schizophrenia may behave in a particular way in
response to hallucinations "telling him to do so," whereas the alcoholic's behavior may
be a reflection of diminished judgment secondary to intoxication.- A mentally retarded
individual may become involved sexually with a child (who incidentally may be of the
same approximate mental age as he) because of the lack of availability of adults
partners, and a lack of capacity to fully appreciate and understand the wrongful nature
of his actions. In none of these instances would a primary diagnosis of pedophilia
necessary apply.

In DSM II, conditions such as pedophilia used to be considered subcategories of a
specific personality type (i.e., the so-called antisocial personality disorder). DSM II (APA,
1 978) acknowledges that this is by no means necessarily so. Diagnosing a person as
a pedophile says something about the nature of his sexual desires and orientation. It
says nothing whatsoever, however, about his temperament, or about traits of character
(such as kindness versus cruelty, caring versus uncaring, sensitive versus insensitive,
and so on). Thus, a diagnosis of pedophilia does not necessarily mean that a person



6



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 7 of 16



is lacking in conscience, diminished in intellectual capabilities, or somehow
"characterologically flawed." In evaluating a person who has become sexually involved
with a child, one needs to try to determine whether the behavior in question was a
reflection of (a) psychosis, (b) poor judgment and psychological immaturity, (c) lack of
conscience, (d) diminished intellect, (e) intoxication, (f) a pedophilic sexual orientation,
or (g) a combination of these plus other factors. One needs to evaluate independently,
the nature of an individual's sexual drives, and interest, as opposed to what that person
is like in terms of character, intellect, temperament, and other mental capacities.



PEDOPHILIC BEHAVIOR AND ITS RELATIONSHIP
TO HUMAN APPETITES AND COMPULSIONS



Although, in order to hold persons accountable for their own actions, society tends
to presume that individuals can invariably control their own behavior through "willpower"
alone, this is simply not always so (Carnes, 1983). It is easy for a nonsmoker to argue
that any smoker could stop if he or she really wanted to do so. Surely, this must be so
in the case of the pregnant smoker, if not for her sake, then certainly for the sake of not
abusing her unborn child. Many of those who have tried to give up smoking and failed,
however, can appreciate the difficulty involved in trying to overcome that habit.

Patients on kidney dialysis made thirsty by the procedure often have great difficulty
maintaining necessary fluid restrictions, even though not doing so can be life threatening
to them (Wirth and Folstein, 1982). The more thirsty they are made by the procedure,
the more difficulty they experience in limiting fluid intake. The researchers who
documented this finding concluded that limits to fluid intake set by physicians may not
suffice because they differ from those set by the patients own physiology (Wirth and
Folstein, 1982).

It is easy for a person who is not tempted sexually by children to argue that any
pedophile could stop having sex with children if he would simply make up his mind to
do so. Admittedly, sometimes it is difficult to determine whether a person is trying his/
her best and failing, or just not trying. This does not mean, though, that many are not
trying. When it comes to appetites or drives such as hunger, thirst, pain, the need for
sleep or for sex, biological regulatory systems exist that may cause an individual to
experience desires to satisfy those hungers in ways that cannot invariably be successfully
resisted through willpower alone. Sometimes persons may feel so discomforted by their
cravings that they feel compelled to act in order to diminish their discomfort.

A common source of confusion about whether or not persons can control compulsive
or appetite-related behaviors, such as pedophilia, relates to the observation that often
such behaviors are enacted in a premeditated fashion. A pedophile rarely approaches
a child, for example, when a policeman is present. It is important to appreciate, however,



7



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Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 8 of 16

that this is not unlike the case of the cigarette smoker who may be able to temporarily
refrain from smoking while in his doctor's office because his physician's presence causes
a feeling to well up inside which helps him to control his behavior. This does not mean
that that smoker will necessarily be able to break the smoking habit, though, when his
efforts to do so depend not upon the stabilizing presence of another individual but upon
his willpower alone.

A major issue in trying to understand human behavior relates to whether one should
consider a person to be (a) the passive product of life experience and constitution,
versus (b) a conscious agent capable of transcending prior determinants. One does not
want to excuse as "psychopathology" irresponsible behavior. On the other hand, one
should not be too quick to label as misbehavior the compulsive sexual acts of persons
needing help in order to be able to better control their behavior. Often a double
standard is "applied in dealing with compulsive paraphiliac types of human sexuality. If
a person states that he is trying his best to diet, to stop smoking, or to stop compulsive
handwashing, he is often believed and helped. If, however, a person say he needs help
in order to be able to resist the urge to have sex with children, to expose himself
publically, or to engage in coercive sexual acts, his claim that he cannot control himself
through willpower alone is often dismissed. In the author's judgment, many men with
pedophilic sexual orientations do need help in order to be able to control their behavior
appropriately.



TREATMENT OF PEDOPHILIA: CONCEPTUAL CONSIDERATIONS



Four major modalities have been proposed for treating pedophilia. They are (1)
psychotherapy, (2) behavior therapy, (3) surgery, and (4) medication.

Psychotherapy

Classical psychodynamic theory assumes that all men would ordinarily develop
conventional erotic attractions towards age-appropriate partners of the opposite sex, but
that this does not occur in some instances because unhealthy early life experiences
interfered with the normal process of psychological maturation. Therapy utilizes the
process of introspection to try to figure out what went wrong with the expectation that
newly acquired insights will then facilitate the problem being rectified.

It is doubtful that individuals can come to fully understand the basis of their own
sexual interests through the process of introspection alone. The average man probably
cannot figure out simply by thinking about it why he prefers women rather than men.
Similarly, it is not certain that the pedophilic individual can figure out the basis of his own
sexuality. Furthermore, even if he could, knowing why one is hungry ~ be it for food or
for children, doesn't make one any less hungry, nor does it make it any easier for one



8



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 9 of 16



to resist temptation. Finally, there is little convincing evidence showing that the
traditional psychotherapies alone are an effective means for treating pedophilia.



Behavior Therapy

Behavior therapists tend to be less concerned with the historical antecedents of
pedophilia than with the question of what can be done about it. The feature common
to most behavioral approaches is an attempt to extinguish erotic feelings associated with
children, while simultaneously teaching an individual to become sexually aroused by
formerly non-arousing age appropriate partners. Although in laboratory situations,
behaviorists have shown that some pedophilic men no longer demonstrate physiological
evidence of sexual arousal when looking at pictures of naked children, and that they can
begin to show arousal to age-appropriate stimuli, jt has not been well established that
such changes invariably carry over into the non-laboratory situation (Marks, 1 981 ). Most
of us can appreciate how difficult it would be to try and stop feeling the sexual attractions
we have experienced as natural throughout our lives. There is no reason to believe that
it is any easier for the fixated homosexual pedophile to learn to lose his interest in boys
and to become sexually aroused by women, than it would be for the average male to
lose his interest in women and to instead begin lusting for young boys.



Punishment

Another type of "behavior therapy" that has been tried is punishment, usually in the
form of incarceration. Although society sometimes chooses to punish for reasons other
than behavior modification, behavior modification is often one of the intended goals.
There is however nothing about being in prison that can change the nature of a
pedophile's sexual orientation or that can increase his ability to resist acting upon
improper sexual temptations.



Surgery

Two types of surgery have been proposed as a treatment for pedophilia. They are
(1) stereotactic neurosurgery, and (2) removal of the testes. Neurosurgery for this
purpose is still investigational and will not be discussed here. Its rationale has been
explored in a review article by Freund (1980).

Removal of the testes (castration) has been suggested as a treatment for pedophilia
because the testes are the major source of testosterone production in the body. There
has been much confusion about castration about castration, a procedure which does not
remove the penis, but which instead removes the testes in order to lower testosterone.



9



001639



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 10 of 16



Testosterone is an important hormone related to human sexuality and gender
differences. If the testes of a male fail to produce adequate amounts during early
embryonic life, he will be born with the external anatomical appearance of a female.
Thus, testosterone causes external anatomical masculinization of the fetus, and also
produces certain changes in the endocrinological functioning of the male brain (Witson
et al, 1981). The marked increase in testosterone production which occurs at the time
of puberty in males is associated with the development of increased pubic and facial
hair, deepening of the voice, an increase of muscle mass, and a marked increase in
sexual libido. The idea of lowering testosterone in the case of the pedophile is to try to
decrease the intensity of his sexual cravings, which are for children.

Some critics have argued that castrating the "sex offender," which involves removal
of the testes, and not the penis, is like cutting off the hand of the thief. This is in no way
so. Cutting off the penis would be analogous to cutting off the hand of the thief. A male
animal whose penis has been surgically removed will still try to mount a female in heat,
suggesting that the penectomized male is still sexually motivated, though unable sexually
to perform. A castrated male, on the other hand, whose penis is intact can perform
sexually but will ordinarily not attempt to mount a female in heat, suggesting that he is
no longer motivated to do so.

In animals, lowering testosterone by means of removing the testes usually eventually
leads to a total cessation of virtually all sexually motivated behavior, although sometimes
this may take as long as two years to occur (Freund, 1980). In humans, the relationship
between very low testosterone levels and low sexual libido is also fairly well established.
This evidence comes from a variety of sources including studies on hypogonadal men,
data from persons with adrenogenital disorders, studies on drugs that lower testosterone
as side effects, and from several well controlled studies looking at the effects of
administering testosterone in an attempt to increase sexual libido (Ellis, 1982, Kwan et
al, 1983; Sturup, 1972; Carney et al, 1978).



THERAPEUTIC SEX DRIVE REDUCTION



In an article entitled, 'Therapeutic Sex Drive Reduction," Freund (1980) reviewed data
regarding removal of the testes in humans as a means of trying to help some men gain
better control over their sexual behavior. In one study in Denmark, Sturup (1972)
reported upon a thirty-year investigation of 900 castrated "sex offenders," many of whom
were pedophiles, involving over 4,000 follow-up examinations. He documented less than
a 3 percent recidivism rate. Ficher Van Rossum in Holland, Kinmark and Oster in
Sweden, and Cornu in Switzerland reported comparable findings (Freund, 1980). The
study in Holland involved 237 men with a 1 .3 percent recidivism.



10



i



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 11 of 16



In the Swiss study, there was a 5.8 percent recidivism rate among 120 men following
castration, with a 52 percent recidivism rate in the noncastrated control group. Follow-
ups ranged from five to thirty years. Bremmer (1959) reported a 58 percent recidivism
rate in the five years prior to treatment, in a group of men who showed only a 7.3
percent recidivism rate during the five years post-surgery. Thus, the surgical method of
lowering testosterone did seem to enable many men to better control their sexual
behaviors. Furthermore, many of these men did not lose their capacity to perform
sexually following castration.



CYPROTERONE ACETATE AND MEDROXYPROGESTERONE ACETATE

Today it is no longer necessary to perform castration in order to reduce testosterone
levels. Rather, this can now be done pharmacologically in a graduated way without the
physical or psychological trauma of surgery. In Europe and the Scandinavian countries,
cyproterone acetate has been used for this purpose, and there are several "blind" as well
as "non-blind" studies supporting its effectiveness (Laschet and Laschet, 1976; Money
et al, 1976). In the United States, since Money first began doing so in 1967 in
conjunction with the treatment of pedophilia, the drug most often employed as a
pharmacological method for lowering testosterone has been medroxyprogesterone
acetate. Depo-Provera (Money Et al, 1976, Berlin & Meinecke, 1981; Berlin & Coyle,
1981, Berlin, 1981, Berlin & Schaerf, 1984).

Medroxyprogesterone acetate (MPA) can be injected intramuscularly once per week.
There it binds to the muscle, from where it is then gradually released over the course of
several days into the blood stream. At this time, the initial starting dosage used in The
Johns Hopkins Clinic has been 500mg IM once per week of the 100mg per cc
concentration. No more than 250cc is given into a single injection site.

Major side effects of MPA have been weight gain, and in some cases hypertension.
Mild lethargy, cold sweats, nightmares, hot flashes, and muscle aches have also been
reported. The drug, which is not feminizing, may cause an increased incidence of breast
cancer in female beagle dogs, and of uterine cancer in monkeys. It has been used in
over eighty countries of the world as a female contraceptive, supported in its use for this
purpose by the World Health Organization. No studies showing an increased risk of
cancer in males (either humans or animals) have been reported. Two recent articles, one
in Science (Sun, 1982) and the other in the Journal of the American Medical Association
(Rosenfield et al, 1983), failed to find convincing evidence that MPA is carcinogenic in
humans.

There is no doubt that MPA consistently decreases serum testosterone levels
significantly. This can be confirmed by means of a simple blood test. The idea of using
MPA in the case of the pedophile is to try to decrease the intensity of his sexual cravings,



11



001640



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 12 of 16



thereby, hopefully, making it easier for him to successfully resist unwanted temptations.
The drug cannot change the nature of his sexual orientation.

What is not yet fully established regarding the use of MPA is optimal dosage, which
of the paraphilias will respond most adequately, long-term side effects, and precise long-
term recidivism percentages. There is little reason to believe, however, that recidivism
should be any higher than those low rates documented when surgical removal of the
testes was used as a method of lowering testosterone. Of more than 70 men treated at
the Johns Hopkins Clinic with MPA over the past three years for some form of paraphilia
(mostly pedophilia and exhibitionism), less than 10 percent have relapsed. In addition,
compliance rates have been better than 90 percent.

There has been some concern about whether MPA should be given to pedophilic
men who are on legal probation. In the author's opinion, if it is not an effective drug,
then it should not be used at all. If it is effective, as it often seems to be, then it is
difficult to see why a person should be denied the opportunity to take it just because he
is on probation or perhaps even incarcerated. Some incarcerated men report that MPA
frees them from intrusive, obsessional sexual preoccupations.

MPA is not a cure. It is not a guarantee. It is not a punishment. Some pedophiles
report being unable to successfully resist sexual temptations through willpower alone,
even with the assistance of professional counseling. Such individuals should be afforded
the opportunity to see whether or not MPA confers upon them an increased capacity for
self-control.



RATIONALE FOR USE OF MPA PLUS COUNSELING



Some critics have argued that psychotropic drugs such as MPA may in some ways
be "mind controlling." The legitimate medical indications for use of psychotropic drugs
are (a) to decrease suffering ( as in the case of antidepressant medications),, (b) to
restore function (as in the case of antipsychotic medications:), or (c) to increase rather
than decrease a person's capacity to successfully exercise self-control as in the case of
MPA (Berlin, 1983a).

Most pedophiles receiving MPA also attend group counseling sessions. These are
similar to the type often used with alcoholics. There they are expected to acknowledge
being tempted to do something improper. They then discuss among themselves
strategies intended to help enable them to resist such temptations successfully. This
includes discussions of whom to call, what early warning signs to look for, and what
situations to avoid. The groups provide both peer pressure and peer support.



12



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 13 of 16



When a person desires sex or falls in love, it is often easy to become convinced that
the relationship is good and healthy and not harmful or wrong. Such self-deception may
at times be easy for the pedophilic individual in light of the fact that sex with children,
though wrong, may not in every instance be damaging (Standfort, 1984). Some children
may enjoy certain sexual and non-sexual aspects of their relationships with an adult, thus
facilitating self-deception on the part of the adult. Treatment, therefore, may have to
involve helping a person stop rationalizing, as well as helping him to develop strategies
for more successfully resisting sexual and affectional temptations.



ETHICAL CONSIDERATIONS AND CONCLUDING COMMENTS



A few hundred years ago in New England, misguided parishioners burned at the
stake women whose behaviors they feared or found offensive. Persons whom we might
now treat in psychiatric hospitals were shackled, often for the better part of a lifetime.
In the 1700s, the most common cause for execution in the British Royal Navy was the
crime of "buggery," homosexual behavior between consenting adults (Gilbert, 1976). In
each of these instances, many good people failed to appreciate the wrongful nature of
these reactions. Today, the person with a pedophilic sexual orientation is often ridiculed,
maligned and disparaged, with little concern about him as a person. It is simply taken
for granted that the pedophile is deserving of scorn, with little more thought given to
such a proposition than was given several hundred years ago to the notion that lepers
should be exiled. It is difficult contemporarily to be fully aware of one's own society's
assumptions.

Today, most of us would probably accept as a given the belief that any man who
becomes sexually intimate with a child must simply be a callous predator, unwilling to
reflect upon the possibility that such an individual might have a genuine concern for the
well being of children. Labels such as "molester" and "abuser" are readily applied with
little forethought. After all, how could anyone who really cares about a child's well being
show so little concern and manifest such an abuse of trust as to become sexually
involved? There can be little doubt that children are too unprepared and too vulnerable
to fully appreciate the consequences of sexual involvement with an adult. However,
imagine what life must be like for the man who finds that he never experiences feelings
of erotic arousal or romantic love towards adults, as much as he might wish that he
could, but who recurrently lusts for or falls in love with young boys or girls in an erotic,
sensual way.

To provide treatment to persons with pedophilic sexual orientations in no way reflects
a lack of concern for young children. One can treat children and treat pedophiles as
well. These are not mutually exclusive choices. In counselling a child, it may help if that
child understands that the pedophilic individual may genuinely have cared about him,



13




Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 14 of 16



even though that caring were expressed in an improper way. Preventive treatment
cannot be completely accomplished without dealing with the pedophile himself. To the
extent that treatment helps the pedophile gain better self-control, both his interests and
society's interests are well served.

Although it is not the pedophiles fault that he has the sexual orientation that he has,
it is his responsibility to deal with his sexuality in a manner that does not put innocent
children at risk. However, in order for him to be able to do this and to be held
accountable by society, adequate treatment facilities must be made available, facilities
where a person can seek help without fear of stigmatization, ridicule, retaliation, or
unwarranted disdain. Only under such circumstances can one expect an individual to
talk candidly about the innermost aspects of his own sexuality. This requires trust.

The values that we try to in still in our children are important. Almost two thousand
years ago as an outraged crowd attempted to stone to death a woman whose sexual
behavior they considered offensive, one man stepped forward to stop the retribution,
speaking against such revenge while espousing values such as compassion,
understanding, forgiveness, and reformation. He asked that persons be judged not
simply by their behavior but with some appreciation for their humanity. Perhaps that
message still goes unheeded today when it comes to the issue of how we deal with
some of those who have sexual and affectional orientations of a sort that frighten us, and
that differ from our own.



REFERENCE



American Psychiatric Association (1978). Diagnostic and Statistical

Manual of Mental Disorders, 3rd Edition. Task Force on Nomenclature and Statistics of American
Psychiatric Association, Washington, D.C.

Baker, H. J. and Stoller, J (1968). Can a biological force contribute to gender identity? Aroer. J. Psychiat.
124:1653-1658.

Berlin, F.S. (1981a). Ethical use of antiandrogenic medications. Amer. J. Psychiat. 138:1516-1517.

Berlin, F.S. (1983b). Ethical use of psychiatric diagnosis. Psychiat. Annals. 13:231-331.

Berlin, F.S. (1983). Sex offenders: A biomedical perspective and a status report on biomedical treatment.
In Greer, J.C. and Stuart, I.R. (Eds). The Sexual Aggressor. Current Perspectives on Treatment, Van
Nostrand Reinhold Company. New York.

Berlin, F.S. andCoyle, G.S. (1981). Sexual deviation syndromes. 7ir�e Johns Hopkins Med. J. 149:119-125.



14



Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 15 of 16



Berlin, F.S. and Meinecke, C.F. (1981). Treatment of sex offenders with antiandrogenic medication:
Conceptualization, review of treatment modalities, and preliminary findings. Amer. J. Psychiat.



Berlin, F.S. and Schaerf, FW (1985). Laboratory assessment of the paraphilias and their treatment with
antiandrogenicmedication. In Hall, R.C.W. and Bereseford, TP. A Handbook of Psychiatric Diagnostic
Procedures. Spectrum Publications, New York.

Bremer, J. (1959). Asexualization: A Follow-Up Study of 244 Cases. Macmillan, New York.

Carnes, P. (1983). Sexual Addiction. CompCare Publications, Minneapolis.

Carney, A., Bancroft, J. and Mathews, A (1978). A combination of hormonal and psychological treatment
for female sexual unresponsiveness: A comparative study. Brit J. Psychiat. 132:339-346.

Cooper, A.J. (1981). A placebo-controlled trial of the antiandrogen cyproterone acetate in deviant
hypersexuality. Compreh. Psychiat. 22:458-465.

Diamond, M (1982). Sexual identity: Monzygotic twins reared in discordant sex roles and a BBC followup.
Arch. Sex. Behav. 1 1 : 1 8 1 - 1 86

Ellis, L. (1982). Developmental androgen fluctuations and the five dimensions of mammalian sex (with
emphasis upon the behavioral dimension and the human species). Etiol. & Sociobiol. 3:171-197.

Freund, K. (1980). Therapeutic sex drive reduction. Acta Psychiat. Scandinavica (supplement) 287:1-39.

Gaffney, G.S. and Berlin, F.S. (1984). Is there a hypothalamic-pituitary-gonadal dysfunction in paedophilia?

Brit. J. Psychiat. 145-657-660.

Gaffney, G.S. Berlin, F.S. and Lurie, S.F. (1984). Is there familial transmission of pedophilia? J. Nervous
& Mental Diseases 1 72-546-548.

Gilbert, A.N. (1979). Buggery and the British Royal Navy 1700-1761. J. Soc. Hist. 10:72-76.

Groth, A.N. (1979). Sexual Trauma in the life histories of rapists and child molesters. Victimology: An
International Journal 4:10-16.

Kwan, M., Greenleaf, W.J., Mann, J., Crapo, L, and Davidson, J.M. (1933). The nature of androgen action
on male sexuality: A combined laboratory - self report study on hypogonadalman. J. Clin. Edocrinol.
& Metabol 57:557-562.

Laschet, V. and Laschet, L (1976). Antiandrogens in the treatment of sexual deviation in men. J. Steroid
Biochem. 16:821-826.

Marks, I.M. (1981) Review of behavioral psychotherapy, II: Sexual disorders. Amer. J. Pscyhiat. 138:750-
756.

Money, J. (1980). Love and Love Sickness, The Johns Hopkins University Press, Baltimore.



138:601-607.



15




Case l:13-cr-00193-ESH Document 18-5 Filed 03/02/14 Page 16 of 16



i



Money, J. Wideking, Walker, P.S., and Gain, D. (1976). Combined antiandrogenic and counselling program
for treatment of 46 XY and 47 XYY sex offenders. In Sachar, E.J. (Ed.), Hormones, Behavior and
Psychopathology, Raven Press, New York.

Rosenfield, A., Marne D. Rochat, R., Shelton, J., and Hatcher, R.A. (1983).

The Food and Drug Administration and medroxyprogesterone acetate: What are the issues? JAMA
249:2922-2928.

Sandfort, T.G.M. (1984). Sex in pedophilic relationships: An empirical investigation among a
nonrepresentative group of boys. J. Sex. Res. 20:123-142.

Sturup, G.K. (1972). Castration: The total treatment. In Resnick, H.P.L. and Wolfgang, M.D. Eds. Sexual
Behaviors: social, Clinical, and Legal Aspects, Little Brown, Boston.

Sun. M. (1982). Depo-Provera debate revs up at FDA. Science 217:424-428.

Witson, J.D., George F.W., and Griffin, J.E. (1981). The hormonal control of sexual development. Science
211:1278-1284.

Wirth, J.B. and Folstein, M.F. (1982). Thirst and weight gain during maintenance hemodialysis.
Psychosomatics 23: 1 1 25-1 1 34.



About the Authors

Fred S. Berlin, MD. Ph.D. is an Associate Professor, School of Medicine, Johns Hopkins University,
Baltimore, Maryland. The author is co-Director of The Johns Hopkins Hospital Sexual Disorders Clinic.
Dr. Berlin is a member of the American College of Forensic Psychiatry.

Edgar W. Krout, MA. is a psychotherapist in the Department of Psychiatry at Johns Hopkins Hospital and
a member of the staff of The Johns Hopkins Sexual Disorders Clinic.



16



November 1994



Case l:13-cr-00193-ESH Document 19 Filed 03/05/14 Page 1 of 1



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA,

Defendant.



Crim. No. 13-CR-193 (ESH)



DEFENDANT HECTOR ORJUELA'S NOTICE OF FILING (LETTER TO COURT)

Mr. Hector Orjuela, the defendant, through undersigned counsel, hereby respectfully
submits this Notice of Filing, attaching a letter to the Court from Mr. Orjuela.



Respectfully submitted,



/s/



Jonathan S. Jeffress
Assistant Federal Public Defender
625 Indiana Avenue, N.W.
Suite 550

Washington, D.C. 20001
(202) 208-7500



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: ■















Filed: 03/06/2014
Entered:03l01l20U


O Sentencing





Full docket text:

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Sentencing held on
3/6/2014 as to HECTOR ORJUELA, JR. (1). Counts 1 and 2 in l:12-cr-281: Defendant
sentenced to Fifteen (15) years incarceration on each of Counts 1 and 2 to run
concurrently with each other and consecutively to the sentence imposed in l:13-cr-
193. Lifetime term on Supervised Release imposed. $200.00 Special Assessment
imposed. Count 1 in l:13-cr-193: Defendant sentenced to Fifteen (15) years
incarceration on Count 1. Lifetime term of Supervised Release imposed. $100.00
Special Assessment imposed. Bond Status of Defendant: Defendant committed.
Commitment issued.; Court Reporter: Vicki Eastvold; Defense Attorney: Jonathan
Jeffress; US Attorneys: MiYung Park and Sarah Chang; Prob Officer: Kelli Willett;
Interpreters: Lily Olm and Chari Voss. (zmm, )



Case l:13-cr-00193-ESH Document 25 Filed 03/10/14 Page 1 of 6



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 1



United States District Court



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA, JR.



District of Columbia

JUDGMENT IN A CRIMINA



Med

MAR 10 2(M



THE DEFENDANT:

^pleaded guilty to count(s) 1 of the Indictment



Case Number: 13-193 (ESH)

Clerk, U.S. District & Bankruptcy
USM Number: 43267-424 Courts for the District of Columbia

Jonathan Jeffress, Assistant Federal Public Defender

Defendant's Attorney



□ pleaded nolo contendere to count(s)
which was accepted by the court.

□ was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:



Title & Section



Nature of Offense



Offense Ended



Count



Child Pornography

•■ . i ■ ifi



d iMtelft



ma



The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.

□ The defendant has been found not guilty on count(s)



of this judgment. The sentence is imposed pursuant to



□ Count(s)



□ is □ are dismissed on the motion of the United States.



It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

3/6/2014



Date of Imposition of Judgment



Signature of Judge



Ellen Segal Huvelle, U. S. District Judge




Date



Case l:13-cr-00193-ESH Document 25 Filed 03/10/14 Page 2 of 6



AO 245B (Rev 09/1 1) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 2 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:

Fifteen (15) years on Count 1.



Sif The court makes the following recommendations to the Bureau of Prisons:

Incarceration at one of the following facilities which are listed in order of preference: 1) FMC Devens, MA; 2) F.C.I. Elkton,
OH; 3) F.C.C. Butner, NC

?f The defendant is remanded to the custody of the United States Marshal.

□ The defendant shall surrender to the United States Marshal for this district:

□ at □ a.m. □ p.m. on •



□ as notified by the United States Marshal.

□ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

□ before 2 p.m. on .

□ as notified by the United States Marshal.

□ as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:



Defendant delivered on to

, with a certified copy of this judgment.



UNITED STATES MARSHAL



By



DEPUTY UNITED STATES MARSHAL



Case l:13-cr-00193-ESH Document 25 Filed 03/10/14 Page 3 of 6



A0 245B (Rev 09/1 1) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment — Page 3 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :
Life.



The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the
custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 1 5 days of release from imprisonment and at least two periodic drug tests
thereafter, as determined by the court.

□ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of
future substance abuse. (Check, if applicable.)

$ The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable)

$ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

rY The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. � 16901, et seq.)
^ as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides,
works, is a student, or was convicted of a qualifying offense. (Check, if applicable.)

□ The defendant shall participate in an approved program for domestic violence. (Check, if applicable)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions
on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

1 2) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the
permission of the court; and

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal
record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant^ compliance with such notification requirement.



Case l:13-cr-00193-ESH Document 25 Filed 03/10/14 Page 4 of 6



AO 245B (Rev. 09/1 1 ) Judgment in a Criminal Case
Sheet 3 A — Supervised Release

Judgment — Page 4 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

ADDITIONAL SUPERVISED RELEASE TERMS

The defendant shall pay a $100.00 special assessment which is immediately payable to the Clerk of the Court for the U. S.
District Court, District of Columbia. Within 30 days of any change of address, the defendant shall notify the Clerk of the
Court of the change until such time as the financial obligation is paid in full.

The Court finds that the defendant does not have the ability to pay a fine and, therefore, waives imposition of a fine in this
case.

Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which
he is released. While on supervision, the defendant shall submit to collection of DNA, shall not possess a firearm or other
dangerous weapon, shall not use or possess an illegal controlled substance, and shall not commit another federal, state,
or local crime. The defendant shall also abide by the general conditions of supervision adopted by the U. S. Probation
Office, as well as the following special conditions:

Sex Offender Registration - The defendant shall comply with the Sex Offender Registration requirements for convicted sex
offenders in any state or jurisdiction where he resides, is employed, carries on a vocation, or is a student.

Computer/Internet Restriction - The defendant shall not possess or use a computer for personal use, or have access to
any online service for non-employment related purposes, without the prior approval of the United States Probation Office.
The defendant shall identify all computer systems, internet capable devices, and similar memory and electronic devices to
which he has access, and allow installation of a computer and internet monitoring program.

Contact Restriction - The defendant shall have no direct and/or unsupervised contact with minors under the age of 18,
without the written approval of the United States Probation Office. Further, the defendant shall have no contact, written,
verbal, via the internet, or face-to-face with any of the named victims in this case, or their immediate families.

Employment/Volunteer Restriction - The defendant shall not be employed in any capacity, or participate in any volunteer
activity, which may cause him to come in direct and/or unsupervised contact with children, except under circumstances
approved in advance by the United States Probation Office.

Search - Pursuant to the Adam Walsh Child Protection and Safety Act of 2006, the defendant shall submit to a search of
his person, property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices
or media, and effects at any time, with or without a warrant, by any law enforcement or probation officer with reasonable
suspicion concerning unlawful conduct or a violation of a condition of supervision.

Sex Offender Assessment and Treatment - The defendant shall participate in a program of sex offender assessment and
treatment, as directed by the United States Probation Office. At the direction of the United States Probation Office, the
defendant shall pay for all or a portion of any treatment program. The defendant shall waive his right of confidentiality in
treatment and sign any necessary releases for any records imposed as a consequence of this Judgment to allow the
United States Probation Office to review his course of treatment and progress with the treatment provider(s).

Residential Restriction - The defendant shall have all residences pre-approved by the United States Probation Office. The
defendant shall not reside in a residence where minor children also reside without the permission of the United States
Probation Office.



m no/in . , Case l:13 7 cr-00193-ESH Document 25 Filed 03/10/14 Page 5 of 6

AO 245B (Rev. 09/1 1) Judgment in a Criminal Case a
Sheet 5 — Criminal Monetary Penalties

Judgment — Page

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.



of



TOTALS



Assessment
S 100.00



Fine
$ 0.00



Restitution
$ 0.00



5^ The determination of restitution will be made within 90 days. An Amended Judgment in a Criminal Case(A0245C) will be entered
after such determination.

□ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.



If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. � 3664(i), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage




TOTALS



0.00



0.00



□ Restitution amount ordered pursuant to plea agreement $



□ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 1 8 U.S.C. � 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. � 3612(g).

□ The court determined that the defendant does not have the ability to pay interest and it is ordered that:

□ the interest requirement is waived for the □ fine □ restitution.

□ the interest requirement for the □ fine □ restitution is modified as follows:



* Findings for the total amount oflosses are required under Chapters 109A, 110, 11 OA, and 113 A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.



Case l:13-cr-00193-ESH Document 25 Filed 03/10/14 Page 6 of 6



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case

Sheet 6 — Schedule of Payments

Judgment — Page 6 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A □ Lump sum payment of $ due immediately, balance due



□ not later than , or

□ in accordance DC, □ D, □ E, or □ F below; or

B □ Payment to begin immediately (may be combined with □ C, □ D, or □ F below); or

C □ Payment in equal (e.g , weekly, monthly, quarterly) installments of $ over a period of

(e g , months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or



D □ Payment in equal (e g , weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E □ Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F ^ Special instructions regarding the payment of criminal monetary penalties:
See pages 4 and 5 of this Judgment.



Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial
Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.



□ Joint and Several



Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.



□ The defendant shall pay the cost of prosecution.

□ The defendant shall pay the following court cost(s):

□ The defendant shall forfeit the defendant's interest in the following property to the United States:



Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.



Filed: 03/10/2014
Entered:03/12/20U


�J Statement of Reasons





Full docket text for document 26:

STATEMENT OF REASONS as to HECTOR ORJUELA, JR. re [25] Judgment Not for public
disclosure per Judicial Conference Policy. Signed by Judge Ellen S. Huvelle on
3/7/2014. (dr)



Case l:13-cr-00193-ESH Document 27 Filed 03/18/14 Page 1 of 1



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



vs. : Criminal No. 13-193 (ESH)

HECTOR ORJUELA, JR., :

NOTICE OF APPEAL



Name and address of appellant: Hector Orjuela, Jr.

DCDC 337-102
Central Detention Facility
1901 D Street, SE
Washington, DC 20003

Name and address of appellant's attorney: Jonathan S. Jeffress

Assistant Federal Public Defender
625 Indiana Avenue, NW Ste. 550
Washington, DC 20004

Offense: 18:2251(a)

Concise statement of judgment or order, giving date, and any sentence: 03/06/14: Count 1
15 years imprisonment; upon release defendant shall be on supervised release for a term
of: Life; $100 special assessment.

Name of institution where now confined, if not on bail: Central Detention Facility

I, the above-named appellant, hereby appeal to the United States Court of Appeals
for the District of Columbia from the above-stated judgment.



03/18/14 Hector Orjuela, Jr.

DATE APPELLANT

FPD, NO FEE X '7s/"

CJA, NO FEE ATTORNEY

PAID USDC FEE

PAID USCA FEE

Does counsel wish to appear on appeal? Yes
Has counsel ordered transcripts? No

Is this appeal pursuant to the 1984 Sentencing Reform Act? Yes



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 1 of 11



APPEAL,CLOSED

U.S. District Court
District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1 :13-cr-00193-ESH-1



Case title: USA v. ORJUELA



Date Filed: 07/08/2013



Assigned to: Judge Ellen S.
Huvelle



Defendant (1)

HECTOR ORJUELA, JR.



represented by Jonathan Jeffress

FEDERAL PUBLIC DEFENDER FOR D.C
625 Indiana Avenue, NW
Suite 550

Washington, DC 20004

(202) 208-7500

Fax: (202) 208-7515

Email: Jonathan jeffress@fd.org

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Public Defender or Community

Defender Appointment



Pending Counts

18:225 1(a); SEXUAL
EXPLOITATION OF
CHILDREN; Sexual Exploitation
of a Minor for the Purpose of
Producing Child Pornography.
(1)



Disposition

Defendant sentenced to Fifteen (15) years
incarceration on Count 1 . Lifetime term of
Supervised Release imposed. $100.00 Special
Assessment imposed.



Highest Offense Level (Opening)

Felony



Terminated Counts

None



Disposition



Hi ghest Offense Level
(Terminated)

None



Complaints

None



Disposition



1



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 2 of 11



represented by MiYung Claire Park

U.S. DEPARTMENT OF JUSTICE
Criminal Division/Child Exploitation
Section

1400 New York Avenue, NW
Suite 600

Washington, DC 20005
(202) 616-2780
Fax: (202)514-1793
Email: miyung.park@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sarah Chang

U.S. DEPARTMENT OF JUSTICE
Criminal Division
1400 New York Avenue, NW
Suite 600

Washington, DC 20005
(202) 353-4979
Email: sarah.chang@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED



Date Filed


#


Page


Docket Text


07/08/2013


1




CONSENT TO TRANSFER CASE for Plea and Sentence under Rule 20 from
United States District Court for the District of Maryland in Baltimore by
HECTOR ORJUELA, JR. (Attachments: #1 Indictment from the United
States District Court for the District of Maryland in Baltimore, #_2 Docket
Sheet from the United States District Court for the District of Maryland in
Baltimore)(hsj, ) (Entered: 07/09/2013)


07/11/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Initial
Appearance/Arraignment as to HECTOR ORJUELA JR. (1) held on
7/1 1/2013. Not Guilty plea entered as to Count 1. Plea Agreement Hearing set
for 8/1/2013 @ 9:30 a.m. in Courtroom 23A before Judge Ellen S. Huvelle.
Speedy Trial tolled in the interests of justice from 7/11/2013 to 8/1/2013.
Bond Status of Defendant: Committed. Commitment issued.; Court Reporter:
Vicki Eastvold; Defense Attorney: Jonathan Jeffress; US Attorney: MiYung
Park, (zmm, ) (Entered: 07/11/2013)


07/30/2013






CANCELLED Hearings as to HECTOR ORJUELA, JR: (tcb) (Entered:
07/30/2013)


10/02/2013






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Plea
Agreement Hearing as to HECTOR ORJUELA, JR held on 10/2/2013. Plea of
guilty entered as to Count 1. REFERRED TO PROBATION OFFICE for
Presentence Investigation Report. Sentencing set for 12/17/2013 @ 9:30 a.m.



2



Plaintiff

USA



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 3 of 11









in Courtroom 23 A before Judge Ellen S. Huvelle. Bond Status of Defendant:
Committed. Commitment issued.; Court Reporter: Vicki Eastvold; Defense

Attrvrnpv Tnnnthnn Tpttt'pcc" T Attrvrnf^vQ* lV^iY^nno" PnrV nnH ^larah Phano

^VLLUllltV. J L'llcl llltlll Jtllltaa, UO ^VllVJlllt V a . 1V11 1_ Ullii JT til IV dllU Ouidll V^lldllii.

(zmm, ) (Entered: 10/03/2013)


10/09/9013







WATVFR nf Rioht tn Trial hv Tnrv as tn HFCTDR DRTTTFT A TR Annrnved
by Judge Ellen S. Huvelle on 10/2/2013. (zmm, ) (Entered: 10/03/2013)


10/09/9013


-J




PT FA AGRFFMFNT as tn T-TFrTDR DRTTTFT A TP. (Vrnrn "l (Entered-
10/03/2013)


10/02/2013


4




STATEMENT OF OFFENSE by USA as to HECTOR ORJUELA, JR (zmm, )
(Entered: 10/03/2013)


10/03/2013


5




SENTENCING SCHEDULING ORDER as to HECTOR ORJUELA, JR:
Sentencing set for 12/17/2013 @ 9:30 a.m. in Courtroom 23A before Judge

Fllpn Sptrnl T-ThvpIIp Sionpd hv TndQp Fllpn S T-Tiivp11p nn 10/^/901^ f7mm 1

(Entered: 10/03/2013)


10/29/2013


yj




MOTTON tn Continue Sentencinp hv HFCTOR ORTTIFT A TR deffress
Jonathan) (Entered: 10/29/2013)


19/16/9013

1 jLi i yjf Z.XJ l .J


8
o




RFSPDNSF hv USA as tn HFrTDR DRTTTFT A TR Gnvpmmpnt\ (Ihiprtinns
to Presentence Investigation Report (Chang, Sarah) (Entered: 12/16/2013)


12/19/2013


9




Unopposed MOTION to Continue by HECTOR ORJUELA, JR. (Jeffress,
Jonathan) (Entered: 12/19/2013)


12/27/2013






MINUTE ORDER granting_9 Unopposed Motion to Continue Sentencing as to
HECTOR ORJUELA JR. (1). The Sentencing formerly set for 1/15/2014 is
reset to 2/27/2014 @ 3:00 p.m. Signed by Judge Ellen S. Huvelle on
12/27/2013 (Vmm ^(Entered- 1 2/27/201 31

J_ ^L/ _ / / �*\J _I_ *j , Mill, j \ _L/11LL/1 L. LI . J_ ^L/ _ / / j^XJ L ^/ J


12/27/2013






Set/Reset Hearings as to HECTOR ORJUELA, JR: Sentencing set for
2/27/2014 03:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm,
) (Entered: 12/27/2013)


01/02/2014






MINUTE ORDER as to HECTOR ORJUELA, JR.: At the request of the
parties, the deadline for filing sentencing memoranda is extended to 2/13/2014
and responses (if any) to sentencing memoranda are due by 2/20/2014.

^If^n tpripi n c in thic pocp rpmnint cpt firvr 101 10C\\ A. (o) ^*00 v\ m ^licnpH hv

O tliltlil^lllii 111 Lllla Lai)^ ltllldllla St/L 1U1 L.I Z. / / L.\J 1 \S�r „.J . XJXJ L/.lll. OliilltU UV

Judge Ellen S. Huvelle on 1/2/2014. (zmm, ) (Entered: 01/02/2014)


01/13/2014


10




Unopposed MOTION to Continue Sentencing by HECTOR ORJUELA, JR.
(Jeffress, Jonathan) (Entered: 01/13/2014)


01/17/2014






MINUTE ORDER grantingji) Unopposed Motion to Continue Sentencing as
to HECTOR ORJUELA JR. (1). The sentencing currently set for 2/27/2014 is
reset to 3/6/2014 @ 9:45 a.m. Signed by Judge Ellen S. Huvelle on 1/17/2014.
(Vmm WFntered- 01/1 7/901 4")


02/14/2014


12




Recommendation of PSI Report as to HECTOR ORJUELA, JR. reJT Final
Prpspntpncp Tnvpsti nation Rpnort Not for nnhlic disclomirp npr Tndicial
Conference Policy.(Shaffer, Brian) (Entered: 02/14/2014)


02/14/2014


13




SENTENCING MEMORANDUM by USA as to HECTOR ORJUELA, JR
(Chang, Sarah) (Entered: 02/14/2014)



3



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 4 of 11



02/24/2014


15




MOTION for Victim Rights Additional Time to Finalize Restitution Matters
02/24/2014)


02/26/2014


16




NOTICE of Filing (Sentencing Letters) by HECTOR ORJUELA, JR

^/\LLaCIlIIlCIlLS. tt 1 XjAIllUlL M JClllCaS, JUIlaLIlallJ ^JjJlieiCU. UZ/ZD/ZU AH- J


03/02/2014


18




SENTENCING MEMORANDUM by HECTOR ORJUELA, JR
(Attachments: #1 Exhibit, #2 Exhibit, #_3_ Exhibit, #4 Exhibit, #5

Fvl-iil-iilVTeffrecc Tnnnthnn^ /FntereH- 0^/09/9014*1
IJAlllUll^JCllICSS, JOildlllail^ ^IJ/IILCICU. Uj/UZ/iUl i rJ


03/05/2014


19




NOTICE of Filing (Mr. Orjuela's letter to the Court) by HECTOR
ORJUELA, JR (Attachments: #J_ Exhibit)(Jeffress, Jonathan) (Entered:
03/05/2014)


03/06/2014






Minute Entry for proceedings held before Judge Ellen S. Huvelle: Sentencing
held on 3/6/2014 as to HECTOR ORJUELA, JR. (1). Counts 1 and 2 in
1:12— cr— 281: Defendant sentenced to Fifteen (15) years incarceration on each
of Counts 1 and 2 to run concurrently with each other and consecutively to the
sentence imposed in l:13-cr-193. Lifetime term on Supervised Release
imposed. $200.00 Special Assessment imposed. Count 1 in l:13-cr-193:
Defendant sentenced to Fifteen (15) years incarceration on Count 1. Lifetime
term of Supervised Release imposed. $100.00 Special Assessment imposed.
Bond Status of Defendant: Defendant committed. Commitment issued.; Court
Reporter: Vicki Eastvold; Defense Attorney: Jonathan Jeffress; US Attorneys:
MiYung Park and Sarah Chang; Prob Officer: Kelli Willett; Interpreters: Lily

Olm nnrl Phnri Vn�5 fymm ~1 rpntererl- OV07/901 A\
Willi dllU v^llall VUaa. ^Zllllll, ) ^L/lllClCli. UJ>/U / / L\) It- )


03/10/2014


25


6


JUDGMENT as to HECTOR ORJUELA, JR. Statement of Reasons Not
Included. Signed by Judge Ellen S. Huvelle on 3/7/2014. (dr) (Entered:
m/i 9/901 4.


03/10/2014


26




STATEMENT OF REASONS as to HECTOR ORJUELA, JR. re^5 Judgment
Not for public disclosure per Judicial Conference Policy. Signed by Judge

Fllen <\ Huvelle nn "3/7/9014 fHrWFntereH- 0^/1 9/901 X\


03/18/2014


27


5


NOTICE OF APPEAL - Final Judgment by HECTOR ORJUELA, JR re^5
Judgment. Fee Status: No Fee Paid. Parties have been notified. (Jeffress,
Jonathan) (Entered: 03/18/2014)



4



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 5 of 11



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA



vs. : Criminal No. 13-193 (ESH)

HECTOR ORJUELA, JR., :

NOTICE OF APPEAL



Name and address of appellant: Hector Orjuela, Jr.

DCDC 337-102
Central Detention Facility
1901 D Street, SE
Washington, DC 20003

Name and address of appellant's attorney: Jonathan S. Jeffress

Assistant Federal Public Defender
625 Indiana Avenue, NW Ste. 550
Washington, DC 20004

Offense: 18:2251(a)

Concise statement of judgment or order, giving date, and any sentence: 03/06/14: Count 1
15 years imprisonment; upon release defendant shall be on supervised release for a term
of: Life; $100 special assessment.

Name of institution where now confined, if not on bail: Central Detention Facility

I, the above-named appellant, hereby appeal to the United States Court of Appeals
for the District of Columbia from the above-stated judgment.



03/18/14 Hector Orjuela, Jr.

DATE APPELLANT

FPD, NO FEE X '7s/"

CJA, NO FEE ATTORNEY

PAID USDC FEE

PAID USCA FEE

Does counsel wish to appear on appeal? Yes
Has counsel ordered transcripts? No

Is this appeal pursuant to the 1984 Sentencing Reform Act? Yes



5



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 6 of 11



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case
Sheet 1



United States District Court



UNITED STATES OF AMERICA
v.

HECTOR ORJUELA, JR.



District of Columbia

JUDGMENT IN A CRIMINA



THE DEFENDANT:

^pleaded guilty to count(s) 1 of the Indictment



□ pleaded nolo contendere to count(s)
which was accepted by the court.

□ was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:



Med

MAR 10 2(M



Case Number: 13-193 (ESH)

Clerk, U.S. District & Bankruptcy
USM Number: 43267-424 Courts for the District of Columbia

Jonathan Jeffress, Assistant Federal Public Defender

Defendant's Attorney



Title & Section



Nature of Offense



Offense Ended

MM



Count



Child Pornography



The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.

□ The defendant has been found not guilty on count(s)



of this judgment. The sentence is imposed pursuant to



□ Count(s)



□ is □ are dismissed on the motion of the United States.



It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

3/6/2014



Date of Imposition of Judgment



Signature of Judge



Ellen Segal Huvelle, U. S. District Judge




Date



6



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 7 of 11



AO 245B (Rev 09/1 1) Judgment in Criminal Case
Sheet 2 — Imprisonment

Judgment — Page 2 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:

Fifteen (15) years on Count 1.



Sif The court makes the following recommendations to the Bureau of Prisons:

Incarceration at one of the following facilities which are listed in order of preference: 1) FMC Devens, MA; 2) F.C.I. Elkton,
OH; 3) F.C.C. Butner, NC

?f The defendant is remanded to the custody of the United States Marshal.

□ The defendant shall surrender to the United States Marshal for this district:

□ at □ a.m. □ p.m. on .



□ as notified by the United States Marshal.

□ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

□ before 2 p.m. on .

□ as notified by the United States Marshal.

□ as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:



Defendant delivered on to

, with a certified copy of this judgment.



UNITED STATES MARSHAL



By



DEPUTY UNITED STATES MARSHAL



7



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 8 of 11



A0 245B (Rev 09/1 1) Judgment in a Criminal Case
Sheet 3 — Supervised Release

_ Judgment — Page 3 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of :
Life.



The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the
custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 1 5 days of release from imprisonment and at least two periodic drug tests
thereafter, as determined by the court.

□ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of
future substance abuse. (Check, if applicable.)

$ The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable)

$ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

rY The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. � 16901, et seq.)
^ as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides,
works, is a student, or was convicted of a qualifying offense. (Check, if applicable.)

□ The defendant shall participate in an approved program for domestic violence. (Check, if applicable)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the
Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions
on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependents and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a
felony, unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

1 2) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the
permission of the court; and

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal
record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant^ compliance with such notification requirement.



8



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 9 of 11



AO 245B (Rev. 09/1 1 ) Judgment in a Criminal Case
Sheet 3 A — Supervised Release

. Judgment — Page 4 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

ADDITIONAL SUPERVISED RELEASE TERMS

The defendant shall pay a $100.00 special assessment which is immediately payable to the Clerk of the Court for the U. S.
District Court, District of Columbia. Within 30 days of any change of address, the defendant shall notify the Clerk of the
Court of the change until such time as the financial obligation is paid in full.

The Court finds that the defendant does not have the ability to pay a fine and, therefore, waives imposition of a fine in this
case.

Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which
he is released. While on supervision, the defendant shall submit to collection of DNA, shall not possess a firearm or other
dangerous weapon, shall not use or possess an illegal controlled substance, and shall not commit another federal, state,
or local crime. The defendant shall also abide by the general conditions of supervision adopted by the U. S. Probation
Office, as well as the following special conditions:

Sex Offender Registration - The defendant shall comply with the Sex Offender Registration requirements for convicted sex
offenders in any state or jurisdiction where he resides, is employed, carries on a vocation, or is a student.

Computer/Internet Restriction - The defendant shall not possess or use a computer for personal use, or have access to
any online service for non-employment related purposes, without the prior approval of the United States Probation Office.
The defendant shall identify all computer systems, internet capable devices, and similar memory and electronic devices to
which he has access, and allow installation of a computer and internet monitoring program.

Contact Restriction - The defendant shall have no direct and/or unsupervised contact with minors under the age of 18,
without the written approval of the United States Probation Office. Further, the defendant shall have no contact, written,
verbal, via the internet, or face-to-face with any of the named victims in this case, or their immediate families.

Employment/Volunteer Restriction - The defendant shall not be employed in any capacity, or participate in any volunteer
activity, which may cause him to come in direct and/or unsupervised contact with children, except under circumstances
approved in advance by the United States Probation Office.

Search - Pursuant to the Adam Walsh Child Protection and Safety Act of 2006, the defendant shall submit to a search of
his person, property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices
or media, and effects at any time, with or without a warrant, by any law enforcement or probation officer with reasonable
suspicion concerning unlawful conduct or a violation of a condition of supervision.

Sex Offender Assessment and Treatment - The defendant shall participate in a program of sex offender assessment and
treatment, as directed by the United States Probation Office. At the direction of the United States Probation Office, the
defendant shall pay for all or a portion of any treatment program. The defendant shall waive his right of confidentiality in
treatment and sign any necessary releases for any records imposed as a consequence of this Judgment to allow the
United States Probation Office to review his course of treatment and progress with the treatment provider(s).

Residential Restriction - The defendant shall have all residences pre-approved by the United States Probation Office. The
defendant shall not reside in a residence where minor children also reside without the permission of the United States
Probation Office.



9



A ™� n> Pase l;,13-cr-00193-ESH Document 28 Filed 03/19/14 Page 10 of 11

AO 245B (Rev. 09/1 1) Judgment in a Criminal Case a
Sheet 5 — Criminal Monetary Penalties

______ _ _ _ Judgment — Page

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.



of



TOTALS



Assessment
S 100.00



Fine
$ 0.00



Restitution
$ 0.00



5^ The determination of restitution will be made within 90 days. An Amended Judgment in a Criminal Case(A0245C) will be entered
after such determination.

□ The defendant must make restitution (including community restitution) to the following payees in the amount listed below.



If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. � 3664(i), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage



TOTALS



0.00



0.00



□ Restitution amount ordered pursuant to plea agreement $



□ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 1 8 U.S.C. � 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. � 3612(g).

□ The court determined that the defendant does not have the ability to pay interest and it is ordered that:

□ the interest requirement is waived for the □ fine □ restitution.

□ the interest requirement for the □ fine □ restitution is modified as follows:



* Findings for the total amount oflosses are required under Chapters 109A, 110, 11 OA, and 113 A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

10



Case l:13-cr-00193-ESH Document 28 Filed 03/19/14 Page 11 of 11



AO 245B (Rev. 09/1 1) Judgment in a Criminal Case

Sheet 6 — Schedule of Payments

Judgment — Page 6 of 6

DEFENDANT: HECTOR ORJUELA, JR.
CASE NUMBER: 13-193 (ESH)

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A □ Lump sum payment of $ due immediately, balance due



□ not later than , or

□ in accordance DC, □ D, □ E, or □ F below; or

B □ Payment to begin immediately (may be combined with □ C, □ D, or □ F below); or

C □ Payment in equal (e.g , weekly, monthly, quarterly) installments of $ over a period of

(e g , months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or



D □ Payment in equal (e g , weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E □ Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from

imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or

F ^ Special instructions regarding the payment of criminal monetary penalties:
See pages 4 and 5 of this Judgment.



Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial
Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.



□ Joint and Several



Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.



□ The defendant shall pay the cost of prosecution.

□ The defendant shall pay the following court cost(s):

□ The defendant shall forfeit the defendant's interest in the following property to the United States:



Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.



11



The following documents are associated with:



113-mj-00283-DAR All Defendants USA v.

ORJUELA



o eous
■ Legal Research
■ Court Information



• Logout



l:13-mj-00283-DAR All Defendants USA v. ORJUELA
Date filed: 04/17/2013
Date of last filing: 04/24/2013



History



Doc.
No.


Dates


Description




Filed: 04/17/2013
Entered: 04/23/2013


& Arrest - Rule 40




Filed: 04/17/2013
Entered: 04/23/2013
Terminated: 04/24/2013


Motion to Appoint Counsel




Filed: 04/17/2013
Entered: 04/24/2013


Initial Appearance


1


Filed: 04/17/2013
Entered: 04/23/2013


W Arrest Warrant Returned Executed




Filed & Entered: 04/24/2013


Order on Motion to Appoint Counsel


2


Filed & Entered: 04/24/2013


Waiver of Rule 5(c)(3) Hearings



PACER Service Center


Transaction Receipt


07/07/2013 02:50:30


PACER
Login:




Client Code:




Description:


History /Documents


Search
Criteria:


l:13-mj -00283-
DAR


Billable Pages:


1


Cost:


0.10



Filed: 04/17/2013
Entered:04/23/2013


O Arrest - Rule 40





Full docket text:

Arrest (Rule 40) of HECTOR ORJUELA, JR. on Warrant issued by USDC for the District
of Maryland executed on 4/17/2013. (dr)



Filed: 04/17/2013
Entered: 04/23/2013
Terminated:04/24/20 1 3



Q Motion to Appoint Counsel



Full docket text:

ORAL MOTION to Appoint Counsel by HECTOR ORJUELA, JR. (Im, )



Filed: 04/17/2013
Entered:04/24/2013



9 Initial Appearance



Full docket text:

Minute Entry for proceedings held before Magistrate Judge Deborah A.
Robinson:lnitial Appearance as to HECTOR ORJUELA, JR held on 4/17/2013; after
execute of warrant; counsel appointed. Defendant's hearing pusuant to 5(s)(2), (3)
and 5.1(b) of F.R.CR.P. granted. Said hearing continued to 4/24/13 @ 10:00 AM.
Initial Appearance - Rule 40 set for 4/24/2013 11:00 AM in Courtroom 7 before
Magistrate Judge Alan Kay. Bond Status of Defendant: committed/commitment
issued; Court Reporter: Bowles Reporting Defense Attorney: Tony Miles; US Attorney:
Miyung Park; (Im, )



Case l:13-mj-00283-DAR Document 1 Filed 04/17/13 Page 1 of 1



AO 1-12 <Rc\ il II) Anc-,1 WarrJH



United 'Stages District Court



;n lor the
District of Mar\ land



FILED

APR 1 7 2013

Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia



United States of America
v.



Hector Orjuela, Jr.



Defendant



Case. 1 13-mj-00283

Assigned To Magistrate Judge Deborah A Robinson
Assign Date 4/17/2013
Description Arrest Warrant Removal



ARREST WARRANT



Anv authorized law enforcement officer



YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
OMtnofpersimt.) be amswdi Hector O rjuela, Jr.

who is accused of an offense or violation based on the following document filed with the court:

^"indictment 3 Superseding Indictment □Information 3 Superseding Information 3 Complaint

□ Probation Violation Petition 3 Supervised Release Violation Petition 3 Violation Notice .1 Order of the Court

This offense is briefly described as follows:
Sexual Exploitation of a Minor for the Purpose of Producing Child Pornography, 18 U.S.C. Section 2251(a).



Date: 04/15/2013



iss-iinn; ojfu'er '$ signature



City and state: Balti more, M aryland



U.S. Magistrate Judge Ste phanie G allag her

Printed name and title



Return



This warrant was received on uUttei H\V U?

M remand stale, jjJ^hlAq l<2Q^Dj^ . ■



and the person was awcato d on (date) _h\v"X\\3



D^e: ^|n|l-2s




Amvstit iti vlftccr s signature
Printed name and title



Filed & Entered: 04/24/2013



Order on Motion to Appoint Counsel



Full docket text:

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Oral Motion to
Appoint Counsel Luis Simmons as to HECTOR ORJUELA JR. (1) heard and granted.
Initial Appearance in Rule 5 Proceedings as to HECTOR ORJUELA, JR held on
4/24/2013. Defendant held without bond. Parties to inform court of any future dates.
Bond Status of Defendant: HELD WITHOUT BOND/COMMITMENT ISSUED; Court
Reporter: Bowles Reporting; Defense Attorney: Luiz Simmons; US Attorney: Miyung
Park, Sarh Chang. (Im, )



Case l:13-mj-00283-DAR Document 2 Filed 04/24/13 Page 1 of 1

AO 466A (Rev. 1 2/09) Waiver of Rule 5 & 5. 1 Hearings (Complaint or Indictment)



United States District Court

for the



United States of America
v.

( y



Defendant



CaseNo. U ^
Charging District's Case No.



WAIVER OF RULE 5 & 5.1 HEARINGS
(Complaint or Indictment)



I understand that I have been charged in another district, the (name of other coun)\ ) ^ \J ~b^>\ \)

I have been informed of the charges and of my rights to: *iQ J J ^ ^m-v^



(1)
(2)
(3)
(4)



retain counsel or request the assignment of counsel if I am unable to retain counsel;

an identity hearing to determine whether I am the person named in the charges;

production of the warrant, a certified copy of the warrant, or a reliable electronic copy of either;

a preliminary hearing within 14 days of my first appearance if I am in custody and 21 days otherwise -
unless I am indicted — to determine whether there is probable cause to believe that an offense has
been committed;



(5) a hearing on any motion by the government for detention;

(6) request transfer of the proceedings to this district under Fed. R. Crim. P. 20, to plead guilty.

1 agree to waive my right(s) to:

an identity hearing and production of the warrant,
a preliminary hearing,
a detention hearing.



an identity hearing, production of the warrant, and any preliminary or detention hearing to which I may
be entitled in this district. I request that those hearings be held in the prosecuting district, at a time set
by that court.



I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are
pending against me.



Date: M " ^




Defendants signature



tature of defendant 's attorney



Printed name of defendant 's attorney



The following documents are associated with:



113-cr-00178-WDQAII Defendants USA v.

Orjuela



l:13-cr-00178-WDQ All Defendants usa v. Orjuela
Date filed: 04/11/2013
Date terminated: 06/21/2013
Date of last filing: 03/28/2014



History



l/ULi

No.


Dates


Description


1


Filed: 04/11/2013
Entered: 04/12/2013


Indictment


3


Filed & Entered: 04/12/2013


Notice of Attorney Appearance - USA


4


Filed & Entered: 04/15/2013


Notice of Attorney Appearance - USA


5


Filed & Entered: 04/15/2013


Notice of Attorney Appearance - USA


7


Filed & Entered: 06/21/2013


ORule 20 -Transfer Out


8


Filed & Entered: 06/21/2013


Motion to Transfer Case


9


Filed: 03/28/2014
Entered: 03/31/2014


^■Warrant Returned Executed



Case l:13-cr-00178-WDQ Document 1 Filed 04/11/13 Page 1 of 3

HA ENTERED
LOGGED RECEIVED

APR 1 1 2013

IN THE UNITED STATES DISTRICT COURT



AT BALTIMORE

FOR THE DISTRICT OF MARYLAND ^Sfff



UNITED STATES OF AMERICA



BY



CRIMINAL NO. ^ D ^3^/7?




DEPUTY



* (Sexual Exploitation of a Minor for the
HECTOR ORJUELA, JR., * Purpose of Producing Child

* Pornography, 18 U.S.C. � 2251(a);
Defendant * Forfeiture, 18 U.S.C. � 2253, 28 U.S.C.

* � 2461(c))

*

*******

INDICTMENT
COUNT ONE

The Grand Jury for the District of Maryland charges that:
On or about July 12, 2012, in the District of Maryland, the defendant,

HECTOR ORJUELA, JR.,
did knowingly employ, use, persuade, induce, entice, and coerce a minor to engage in sexually
explicit conduct as defined in Title 18, United States Code, Section 2256(2), for the purpose of
producing a visual depiction of such conduct, and the visual depiction had been produced and
transmitted using materials that had been mailed, shipped, and transported in and affecting
interstate and foreign commerce by any means, including by computer, and that such visual
depiction has actually been transported or transmitted using any means or facility of interstate or
foreign commerce or in or affecting interstate or foreign commerce, that is, the defendant
produced visual depictions of a minor, specifically a 7 year old female, Jane Doe 3, engaged in
sexually explicit conduct, namely lascivious exhibition of Jane Doe 3's genitalia.

18 U.S.C. � 2251(a)



Case l:13-cr-00178-WDQ Document 1 Filed 04/11/13 Page 2 of 3



FORFEITURE ALLEGATION

The Grand Jury for the District of Maryland further charges that:

1 . Pursuant to Title 18, United States Code, Section 2253, upon conviction of the

offense set forth in Count One of this Indictment, in violation of Title 18, United States Code,

Section 225 1 (a), the defendant,

HECTOR ORJUELA, JR.,

shall forfeit to the United States of America:

a. Any visual depiction described in Title 18, United States Code, sections
225 1, 2251 A, or 2252, or any book, magazine, periodical, film, videotape, or other matter which
contains any such visual depiction, which was produced, transported, mailed, shipped or received
in violation of Title 18, United States Code, Chapter 110;

b. Any property, real or personal, constituting or traceable to gross profits or
other proceeds obtained from the offenses; and

c. Any property, real or personal, used or intended to be used to commit or to
promote the commission of the offenses.

. The property to be forfeited includes, but is not limited to, the following:

a. Canon Powershot camera;

b. Hewlett Packard laptop;

c. Kingston, Attache, and Toshiba thumbdrives;

d. CD Roms; and

e. iPad.



2



Case l:13-cr-00178-WDQ Document 1 Filed 04/11/13 Page 3 of 3



2. If any of the property described above, as a result of any act or omission
of the defendant:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property which cannot be divided without
difficulty, the United States of America shall be entitled to forfeiture of substitute property
pursuant to Title 21 , United States Code, Section 853(p), as incorporated by Title 18, United
States Code, Section 2253(b) and Title 28, United States Code, Section 2461(c).

18 U.S.C. � 2253
28 U.S.C. � 2461(c)

Andrew G. �psterbaan/

Chief, Child Exploitation and Obscenity Section
Criminal Division

Date



A TRUE BILL:

SIGNATURE REDACTED

Foreperson



Case l:13-cr-00178-WDQ Document 4 Filed 04/15/13 Page 1 of 2



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND



United States of America



Plaintiff



vs.



Hector Orjuela, Jr.



Defendant



Case No.: WDQ-13-0178



REQUEST FOR ENTRY OF APPEARANCE
ON BEHALF OF A FEDERAL GOVERNMENT AGENCY*

Please enter my appearance in this case on behalf of the United States of America.

I have been admitted to practice law in the following jurisdictions (states or the District

of Columbia):



State Court



Date of Admission



New York



2010



I am an active member in good standing of the bars of each of the jurisdictions listed

above.

I understand that this entry of appearance is for this case only and does not constitute
formal admission to the bar of this Court.

I understand that I must register to use the electronic filing system and will be issued a
login and password for use in this case only.

For Court Use: Forward to Attorney Admissions



* To be filed in paper format.

U.S. District Court (7/201 1) - Appearance - Government Attorney



Case l:13-cr-00178-WDQ Document 4 Filed 04/15/13 Page 2 of 2

I understand that I must immediately notify the Court of any change in my address, phone
number, and email address and that if I fail to do so, my appearance in this case will be
terminated.



Respectfully submitted,









Signafuri









Sarah Chang
Printed Name



U.S. Department of Justice - Criminal
Division, Child Exploitation & Obscenity

Section

Agency

1400 New York Ave., N.W. - Suite 600
Address

Washington, D.C. 20005

City, Slate, Zip Code

(202) 353-4979

Phone Number

(202) 514-1793

Fax Number

sarah.chang@,usdoi .gov

Email Address



U.S. District Court (7/201 1) • Appearance - Government Attorney



Case l:13-cr-00178-WDQ Document 3 Filed 04/12/13 Page 1 of 1



THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

v.

HECTOR ORJUELA, Jr.,
Defendant.

NOTICE OF APPEARANCE

To the Clerk Of The Court:

Please enter my appearance on behalf of the United States of America in the above-
referenced matter.

Respectfully submitted,

Rod J. Rosenstein
United States Attorney

By: /s/

LisaMarie Freitas

Special Assistant U.S. Attorney



* WDQ 13-cr-0178



Child Exploitation and Obscenity Section
U.S. Department of Justice



Case l:13-cr-00178-WDQ Document 5 Filed 04/15/13 Page 1 of 2

" or%'.cou nr



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND



United States of America * /V'.-f'-- '

Plaintiff

*

vs.

*

Hector Qr juela. Jr.



_ y •'!{}:



Case No.: WDQ43-0178 .



At a" o'c

t



Defendant



REQUEST FOR ENTRY OF APPEARANCE
ON BEHALF OF A FEDERAL GOVERNMENT AGENCY*

Please enter my appearance in this case on behalf of the United States of America.

] have been admitted to practice law in the following jurisdictions (states or the District

of Columbia):

State Court Date or Admission

California July 2, 1999



Hawaii January 4, 2004



I am an active member in good standing of the bars of each of the jurisdictions listed

above.

I understand that this entry of appearance is for this case only and does not constitute
formal admission to the bar of this Court.

I understand that I must register to use the electronic filing system and will be issued a
login and password for use in this case only.

For Court Use: Forward to Attorney Admissions



* To be filed in paper format.

U.S. District Court (7/201 1) - Appearance - Government Attorney



Case l:13-cr-00178-WDQ Document 5 Filed 04/15/13 Page 2 of 2

I understand that I must immediately notify the Court of any change in my address, phone
number, and email address and that if I fail to do so, my appearance in this case will be
terminated.



Respectfully submitted.




Mi Yung C. Park
Printed Name



U.S. Department of Justice - Criminal
Division, Child Exploitation & Obscenity

Section

Agency

1400 New York Ave., N.W. - Suite 600
Address

Washington. D.C. 20005

City, State, Zip Code

(202)616-2780 .

Phone Number

(202)514-1793

Fax Number

miyung.parkfgjusdoj . gov

Email Address



U.S. District Court (7/201 1) • Appearance - Government Attorney



Case l:13-cr-00178-WDQ Document 7 Filed 06/21/13 Page 1 of 2



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA *

v. * CRIMINAL NO. WDQ-13-0178

*

HECTOR ORJUELA, JR., *

*

Defendant *

*

A * * m k It "k tife

CONSENT TO TRANSFER OF CASE FOR FLEA AND SENTENCE

I, Hector Orjuela, Jr., defendant, having been informed that an indictment is pending against
me in the above-styled case, wish to plead guilty to the charges in WDQ- 1 3-0 1 78. I hereby consent,
pursuant to Fed. R. Crim. P. 20, to the transfer of this case to the District of Columbia. I additionally
agree to the ultimate disposition of this case in the District of Columbia where I will waive all further
proceedings, including trial, in the District of Maryland.




United States Attorney for the United States Attorney for the

District of Columbia (or designee) District of Maryland (or designee)



Case l:13-cr-00178-WDQ Document 7 Filed 06/21/13 Page 2 of 2



2013 JUN 19 AH � : 30

RECEIVED *MAILRD0M
U.S. ATT':: KEY'S OFFICE
BALTIMORE. MARYLAND



-



Case l:13-cr-00178-WDQ Document 8 Filed 06/21/13 Page 1 of 2



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA *

v. * CRIMINAL NO. WDQ-13-0178

*

HECTOR ORJUELA, JR., *

*

Defendant *

*

A * * m k It "k tife

CONSENT TO TRANSFER OF CASE FOR FLEA AND SENTENCE

I, Hector Orjuela, Jr., defendant, having been informed that an indictment is pending against
me in the above-styled case, wish to plead guilty to the charges in WDQ- 1 3-0 1 78. I hereby consent,
pursuant to Fed. R. Crim. P. 20, to the transfer of this case to the District of Columbia. I additionally
agree to the ultimate disposition of this case in the District of Columbia where I will waive all further
proceedings, including trial, in the District of Maryland.




United States Attorney for the United States Attorney for the

District of Columbia (or designee) District of Maryland (or designee)



Case l:13-cr-00178-WDQ Document 8 Filed 06/21/13 Page 2 of 2



2013 JUN 19 AH � : 30

RECEIVED *MAILRD0M
U.S. ATT':: KEY'S OFFICE
BALTIMORE. MARYLAND



-



' Case l:13-cr-00178-WDQ Document 9 Filed 03/28/14 Page 1 of 1



lilrfel ■ ...., iiu -
,_UnitbdSt*es District Court



�g forttw
District of Maryland



United States of America
v.



Hector Orjuela, Jr.



Case No. WDQ-1W>17s\ y ^ ^



— '.if>

H-

... — i-—

o



Dsfaidant



ARREST WARRANT



CO



O TCJ-;



To: Any authorized law enforcement officer

YOU ARE COMMANDED to arrest and bring before a United States. magistrate judge without unnecessary delay

(name nf person to be angierf} Hector Qrjuela, Jr. ■ f

who Js accused' of an oflfcase or violation based on the following document Jed with the court:

$ Indictment □ Superseding Indictment information □ Superseding Information D Complaint

O Probation Violation Petition O Supervised Release Violation Petftjon □ Violation Notice O Order of *he Court

This offense is briefly described as foilows;
Sexuaf Exploitation of 3 WirtOT Tor trie Purpose of Frodudfig Chifd Pornography, 15 U.S.C. Section 2251(a).



Date: 04/158013



City ajtd State: Baitlrnore, Maryiant;




l&S^agistrate Judge Stephgrite GaSaj^rw



Return



This ivarrart was received on fthuo H\\<J)\ \



and the persoti was ra?ested on (tha)



Date; M[n|t ^




PrMtd name mid title



10/ 10 39Wd



no i 1035 i osnvHSdw wsn



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The following documents are associated with:

112-mj-00955-JMF All Defendants USA v.

ORJUELA



l:12-mj-00955-JMF All Defendants USA v. ORJUELA
Date filed: 12/06/2012
Date of last filing: 12/20/2012



History



Doc.
No.


Dates


Description


1


Filed: 12/06/2012
Entered: 12/07/20 12


�J Complaint




Filed: 12/20/2012
Entered: 12/21/2012


^ Case Unsealed



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Case l:12-mj-00955-JMF Document 1 Filed 12/06/12 Page 1 of 1

AO 91 (Rev. 1 1/1 1) Criminal Complaint

United States District Court

for the



United States of America
v.



Hector Orjuela, Jr.



Defendant(s)



)
)
)
)
)
)



Case No.



CRIMINAL COMPLAINT



I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of September 1 1-November 28, 2012 begun and committed

outside a State or District of the United States , the defendant(s) violated:

Code Section Offense Description

18 U.S.C Section 2423(c) Travel in foreign commerce and engaging in illicit sexual conduct



This criminal complaint is based on these facts:



Sf Continued on the attached sheet.



Sworn to before me and signed in my presence.



Complainant 's signature



Printed name and title



Date:



Judge 's signature



City and state:



Printed name and title



Filed: 12/20/2012
Entered: 12/21/2012



Case Unsealed



Full docket text:

Case unsealed as to HECTOR ORJUELA, JR. (



The following documents are associated with:

112-cr-01014 All Defendants USA v.

Orjuela



l:12-cr-01014 All Defendants USA v. Orjuela
Date filed: 12/21/2012
Date terminated: 12/27/2012
Date of last filing: 01/08/2013



History



Doc.
No.


Dates


Description




Filed:
Entered:


12/27/2012


CJ arrest




Filed:

Entered:

Terminated:


12/21/2012
12/27/2012
12/21/2012


Q motion for miscellaneous relief


1


Filed:
Entered:


12/21/2012
12/27/2012


H rule 5(3)(c) affidavit in removal proceedings


2


Filed:
Entered:


12/21/2012
12/27/2012


�J order on motion for miscellaneous relief


3


Filed:
Entered:


12/21/2012
12/27/2012


\# order


4


Filed:
Entered:


12/21/2012
12/27/2012


notice of attorney appearance - defendant


5


Filed:
Entered:


12/21/2012
12/27/2012


w financial affidavit


6


Filed:
Entered:


12/27/2012
12/28/2012


^ Description not available


7


Filed & Entered:


12/28/2012


documents transferred


8


Filed & Entered:


01/03/2013


9 PRETRIAL Bail Report


9


Filed:
Entered:


01/08/2013
01/11/2013


<9 miscellaneous other



Filed: 12/21/2012
Entered: 12/27/2012




Full docket text:

ARREST of defendant Hector Orjuela, Jr. (td, )



Filed: 12/21/2012
Entered: 12/27/2012
Terminated: 1 2/2 1/20 1 2



O motion for miscellaneous relief



Full docket text:

UNOPPOSED ORAL MOTION by USA for the defendant's removal in custody as to
Hector Orjuela, Jr. (td, )



Case: l:12-cr-01014 Documents 1 Filed: 12/21/12 Page 1 of 4 PagelD#:l

AUSAXate Zell (3 12) 353-4305

(/FILED

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS q^C 2 1 2012

EASTERN DIVISION

THOMAS G BRUTON

UNITED STATES OF AMERICA ) CLERK, U S DISTRICT COURT

> c*. . 12CR 1014

) Magistrate Judge Sidney I. Schenkier
HECTOR ORJUELA, JR. )



AFFIDAVIT IN REMOVAL PROCEEDING

I, SHANNON MCDANIEL, personally appearing before United States Magistrate
Judge SIDNEY I. SCHENKIER and being duly sworn on oath, state that as a federal law
enforcement officer I have been informed that HECTOR ORJUELA, JR. has been charged
by Indictment in the District of Columbia with the following criminal offense: traveling in
foreign commerce and engaging in any illicit sexual conduct with another person, in violation
of Title 18, United States Code, Section 2423(c).

A copy of the Indictment is attached. A copy of the arrest warrant also is attached.




SHANNON MCDANIEL
Special Agent

Federal Bureau of Investigation



SUBSCRIBED AND SWORN to before me this 21st day of December, 2012.

EY i/ SCHENKIER
United States Magistrate Judge




Cg^eilli2eOfl3QOaaiEBSiihi#<I)ftUrC$fil^| : Ffi^l/^3€fel|i 2RftgPF%�fe8D #:2



UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Holding a Criminal Term

Grand Jury Sworn in on May 7, 2012

UNITED STATES OF AMERICA : CRIMINAL NO.

v. :

HECTOR ORJUELA, JR. : VIOLATIONS:

: 18 U.S.C. � 2423(c)
: (Engaging in illicit sexual conduct in
Defendant. : foreign places)

INDICTMENT

The Grand Jury charges that:

COUNT ONE

Between on or about August 13, 2012 and on or about November 28, 2012, the defendant,

HECTOR ORJUELA, JR., a citizen of the United States with no last known residence in the

United States, did or attempted to travel in foreign commerce and engage in illicit sexual conduct

outside the jurisdiction of any particular state or district of the United States but within the

extraterritorial jurisdiction of the United States and, therefore, pursuant to Title 18, United States

Code, Section 3238, within the venue of the United States District Court for the District of

Columbia, with Jane Doe #1, another person less than 18 years of age.

(Engaging in illicit sexual conduct in foreign places, in violation of Title 18, United
States Code, Section 2423(c) and (e).)

COUNT TWO

Between on or about August 13, 2012 and on or about November 28, 2012, the defendant,
HECTOR ORJUELA, JR., a citizen of the United States with no last known residence in the
United States, did or attempted to travel in foreign commerce and engage in illicit sexual conduct



CS^:eiIl^ec^(QaaiEBSHTi�tD^nD$rite2l : EflMM^i 3RftgPF%�feto #:3



outside the jurisdiction of any particular state or district of the United States but within the

extraterritorial jurisdiction of the United States and, therefore, pursuant to Title 18, United States

Code, Section 3238, within the venue of the United States District Court for the District of

Columbia, with Jane Doe #2, another person less than 18 years of age.

(Engaging in illicit sexual conduct in foreign places, in violation of Title 18, United
States Code, Section 2423(c) and (e).)

NOTICE OF FORFEITURE

Notice is hereby given that the following property is subject to forfeiture in accordance
with 18 U.S.C. � 2428 and/or 21 U.S.C. � 853:

(a) all property used or intended to be used to commit or to facilitate the commission of the
violations alleged in this Indictment;

(b) all property which is proceeds of such violations; and,

(c) in the event that any property described in (a) and (b) cannot be located upon the
exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been
placed beyond the jurisdiction of the court; has been substantially diminished in value; or has been
commingled with other property which cannot be divided without difficulty, all other property of
the defendant, pursuant to � 853(p), to the extent of the value of the property described in (a) and
(b).

A TRUE BILL:
FOREPERSON

Section Chief, Child Exploitation and
Obscenity Section, Criminal Division
U.S. Department of Justice



Case: l:12-cr-01014 Document #: 1 Filed: 12/21/12 Page 4 of 4 PagelD #:4



AO 442 (Rev. 11/11) AiTesl Warrant



SEALED



United States District Court

for the
District of Columbia



United States of America

v.



Hector Orjuela, Jr



Defendant



Case No.



ARREST WARRANT



To: Any authorized law enforcement officer



tR -12-28! -ol



YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay

(name of person to be arrested) Hector Orjuel a, Jr. _'

who is accused of an offense or violation based on the following document filed with the court:

Sf Indictment □ Superseding Indictment □ Information □ Superseding Information □ Complaint

□ Probation Violation Petition □ Supervised Release Violation Petition O Violation Notice □ Order of the Court

This offense is briefly described as follows:
Travel in foreign commerce and engaging in illicit sexual conduct, in violation of 18 U.S.C. Section 2423(c)



Date: #Jli I A*~ (L//ff ^

city and state: Dtstnct of Columbia (/ Uj. MAGISTRATE JUDG E

Printed name and tide



Printed name and tide


Return


This warrant was received on (date)


, and the person was arrested on (date)


at (city and state)




Date:






Arresting officer 's signature




Printed name and tide



Older Form (01/2005)



Case: l:12-cr-01014 Documents 2 Filed: 12/21/12 Page 1 of 1 PagelD #:5
United States District Court, Northern District of Illinois



Name of Assigned Judge or
Magistrate Judge


Sidney I. Schenkier


Sitting Judge if Other
than Assigned Judge




CASE NUMBER


12 CR 1014-1


DATE


12/21/2012


CASE
TITLE


United States of America vs. Hector Orjuela, Jr.



POCKET KIN TRY TEXT



Initial appearance proceedings held. Removal proceedings held. Defendant Hector Orjuela, Jr. appears in response to
arrest on 12/21/12. Defendant advised of charges and penalties available under the law and informed of his rights. The
Court enters the appearance of Nicholas G. Grapsas for initial appearance and removal proceedings only. The
Government orally moves for removal in custody while the case is decided on the grounds that if released he poses a
serious risk of flight and/or danger to the community. Defendant waives the detention hearing and agrees to removal
in custody. The Government's unopposed oral motion for the defendant's removal in custody on the grounds that if
released he poses a serious risk of flight and/or danger to the community is granted solely for the purpose of removal
of defendant to the District of Columbia to answer the indictment there. Because the motion is unopposed, the Court
makes no finding as to serious risk of flight and/or danger to the community, or as to any other statutory factor that is
relevant to the issue of release or detention. The Court's order is without prejudice to the defense raising the issue of
release on conditions when he appears before the Judge in the District of Columbia, if they so choose. The matter is set
for a status hearing on identity before the magistrate judge on 12/27/12 at 1 1 :00 a.m. Defendant shall remain in federal
custody pending the status hearing on identity or until further order of the Court. Enter order detaining defendant
pending further removal proceedings (Attached).

■ [ For further detail see separate order(s).] Docketing to mail notices.



00:15 Initial Appearance




12CR1014 - 1 United States of America vs. Hector Orjuela, Jr. Page 1 of 1



Case: l:12-cr-01014 Documents 3 Filed: 12/21/12 Page 1 of 1 PagelD #:6



UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLI
EASTERN DIVISION



UNITED STATES OF AMERICA



v.



HECTOR ORJUELA, JR.



No. 12 CR 1014



014 S0- % X



Magistrate Judge. SjpbB#5^J9^lfeer



.0*



ORDER

Defendant is ordered detained, without prejudice, pending further removal
proceedings in the Northern District of Illinois.



ENTER:






Sidney I. Sch^nkier
U.S. Magistrate Judge



DATED:



FILED

DEC 21 2012

CtB ^. US. OfSTRJCT C o URT



Case: l:12-cr-01014 Document #: 4 Filed: 12/21/12 Page 1 of 1 PagelD #:7 ^ ^



U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
ATTORNEY APPEARANCE FORM

NOTE: In order to appear before this Court an attorney must either be a membd$n.j good^*



standing of this Court's general bar or be granted leave to appear pro hac vrcai^jarOT%d for ^Ofp
by Local Rules 83.12 through 83.14. ^ S fe, ■%



In the Matter of Case Number: " Vf C ■

AN APPEARANCE IS HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY FOR:



NAME (Type or print)

SIGNATURE (Use electronic signature if th^rshp'eaifcnce form is filed electronically)



3/



FIRM i



STREET ADDRESS



CITY/STATE/ZIP



ID NUMBER (SEE ITEM 3 IN INSTRUCTIONS)



TELEPHONE NUMBER



ARE YOU ACTING AS LEAD COUNSEL IN THIS CASE? YEs{^| NO | [

ARE YOU ACTING AS LOCAL COUNSEL IN THIS CASE? YEs[21 No| |

ARE YOU A MEMBER OF THIS COURT'S TRIAL BAR? YES^/~| NO | |

IF THIS CASE REACHES TRIAL, WILL YOU ACT AS THE TRIAL ATTORNEY? YEsjjjSf, No|^'

IF THIS IS A CRIMINAL CASE, CHECK THE BOX BELOW THAT DESCRIBES YOUR STATUS.
RETAINED COUNSEL [~~| APPOINTED COUNSEL ^



Filed: 12/21/2012
Entered: 12/27 /2012



Q financial affidavit



Full docket text for document 5:

FINANCIAL Affidavit filed by Hector Orjuela, Jr (SEALED), (td, )



Case: l:12-cr-01014 Documents 6 Filed: 12/27/12 Page 1 of 1 PagelD #:9
United States District Court, Northern District of Illinois



Name of Assigned Judge or
Magistrate Judge


Sidney I. Schenkier


Sitting Judge if Other
than Assigned Judge




CASE NUMBER


12 CR 1014 - 1


DATE


12/27/2012


CASE
TITLE


United States of America vs. Hector Orjuela, Jr.











Status heading on identity held. Defendant waives identity hearing. The Court enters a finding of identity.
Terminated defendant Hector Orjuela, Jr. Order defendant removed in custody of the U.S. Marshal to the District
of Columbia for further proceedings.



Docketing to mail notices.



00:01 Pretrial/Omnibus Hearing




12CR1014 - 1 United States of America vs. Hector Orjuela, Jr.



Page 1 of 1



Case: l:12-cr-01014 Document #: 7 Filed: 12/28/12 Page 1 of 1 PagelD #:10




UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
219 SOUTH DEARBORN STREET
CHICAGO ILLINOIS 60604



THOMAS G. BRUTON
Clerk of Court



OFFICE OF THE CLERK



December 28, 2012



E. Barrett Pretty man
United States Courthouse
333 Constitution Avenue, N.W.,
Room 1225

Washington, DC 20001

Re: USA v. Hector Orjuela, Jr.
Case: 12crl014

Dear Clerk of Court:

Enclosed please find the certified copy of the docket entries in connection with removal proceedings
conducted in this District regarding the above named defendant.

As of January 18, 2005 for civil and criminal cases, our court uses electronic case filing. You may
access our electronic case file and print copies of electronically filed documents by following the
procedures on the attached Instruction Sheet. You will need Adobe Acrobat reader loaded on your
computer in order to view the documents. If you are an electronic court, you may upload the
documents. Please DO NOT MAKE THE ENCLOSED INSTRUCTION SHEET A PART OF
THE OFFICIAL RECORD as it contains your login and password to our system. This login and
password should not be shared with anyone other than federal court personnel who would have a need
to access our electronic case file system.

All documents filed prior to electronic filing are included in this transfer package.
Subsequent paper documents filed after 1/18/05 are also included:

Please acknowledge receipt of the above documents on the enclosed copy of this letter.



Sincerely yours,
Thomas G. Bruton, Clerk



by:

s/ Ellenore Duff, Deputy Clerk



Filed & Entered: 01/03/2013 1 S> PRETRIAL Bail Report



Full docket text for document 8:

PRETRIAL Bail Report as to Hector Orjuela, Jr (SEALED) (ct, )



SENDER: COMPLETE THiS SECTION



Complete terns 1, 2, end 3. Also complete
Item 4 If Restricted Delivaty Is desired.
Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card) to the back of the maHpIece,
or on the fp5fff space permits.



CGMPL&TIi THIS SUCTION ON DELIVERY



1. Artiste Addressed to:

E. Barrett Prettymart
United States Courthouse

333 Constitution Avenue, N
Room 1225

Washington, DC 20001



D, Is deSvay address dfflaianl from ttemt?



JAN -



A. Signature

X



□ Agent

□ Addressee



E> Recehrad r^ (^W^ �an�J




□ Yea

□ No




2. Arfida Numbar

(Register from saprico tabef)



THOMAS G
Gl, FRK, U S PI

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□ Registered

□ Insured Mall



□ BcpresaMaD

□ Ratim Recall for MarchatcGso

□ COD.



JAN - 8 2013

* THOMAS G BRUTON
'CLERK. U S DISTRICT COURT



<? (Extra Fbb)



□ YS3



4^37 a?fa?



PS Form 381 1 , February 2004



Dcrmsdlo Return Receipt



102S9&O2-M-1S40



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