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United States v. Campbell

United States District Court, E.D. Michigan, Southern Division

October 16, 2019

United States of America, Plaintiff,
v.
Collin Campy Campbell, Defendant.

          OPINION & ORDER DENYING DEFENDANT'S MOTION TO DISMISS VIOLATION PETITION COUNT II

          Honorable Sean F. Cox United States District Judge

         This Court accepted a transfer of jurisdiction as to Defendant's supervised release. After Defendant pleaded guilty to a supervised release violation before this Court and the matter was scheduled for sentencing, Defense Counsel filed a Motion to Dismiss. This motion asks the Court to dismiss the supervised release violation, making a legal argument as to why there was no violation. The Court concludes that the issues are adequately presented in the briefs and that a hearing is not warranted. Local Rule 1.1 & Local Rule 7.1(f); Local Criminal Rule 1.1. As explained below, the Court concludes that Defendant's legal argument is without merit and the motion is denied.

         BACKGROUND

         In Criminal Case No. 11-CR-00770, in the United States District Court for the Southern District of California, Defendant Collin Campy Campbell (“Campbell”) pleaded guilty to possession of images of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4)(B). Campbell was sentenced to 36 months imprisonment and a 10-year term of supervised release.

         After Campbell's release from prison, this Court accepted a transfer of jurisdiction as to his supervised release.

         On or about June 19, 2019, a supervised release Violation Petition was filed by Campbell's probation officer, stating that he believes that Campbell violated two conditions of his supervised release. Only one of them, Violation Two, is at issue.[1] As to Violation Two, the Violation Petition alleges as follows:

2. Violation of Special Condition: “NOT POSSESS ANY MATERIALS SUCH AS VIDEOS, MAGAZINES, PHOTOGRAPHS, COMPUTER IMAGES OR OTHER MATTER THAT DEPICTS “SEXUALLY EXPLICIT CONDUCT” INVOLVING CHILDREN AND/OR ADULTS, AS DEFINED BY 18 U.S.C. § 2256(2); AND NOT PATRONIZE ANY PLACE WHERE SUCH MATERIALS OR ENTERTAINMENT ARE AVAILABLE.”
On May 23, 2019, an anime comic book, “How to Build a Dungeon: Book of the Demon King, ” found in CAMPBELL's possession contained depictions of a character described as “Mary-child, ” in sexual situations.

         (ECF No. 9 at PageID.25). Thereafter, counsel was appointed for Campbell and this Court scheduled a supervised release violation hearing for July 10, 2019.

         On July 10, 2019, Campbell pleaded guilty to Violation No. Two. After being sworn, Campbell testified that he wished to plead guilty after having reviewed the Violation Petition with his attorney and stated that his attorney had answered all of his questions:

THE COURT: And it's my understanding that you wish to plead guilty to violating the two special conditions that I just stated here on the record. Is that true?
Defendant CAMPBELL: Yes, Your Honor.
THE COURT: All right. Have there been any threats or promises made to you to plead guilty here this morning to the two violations?
Defendant CAMPBELL: No, Your Honor.
THE COURT: And have you, in fact, reviewed the petition with your attorney?
Defendant CAMPBELL: Yes, Your Honor.
THE COURT: And has your attorney answered each and every question that you've had regarding the allegations contained in the petition, as well as the possible sentencing consequences of pleading guilty here today?
Defendant CAMPBELL: Yes, Your Honor.
THE COURT: Do you understand that by pleading guilty, I can send you to prison for up to two years?
Defendant CAMPBELL: Yes, Your Honor.
THE COURT: Is that correct, Mr. ...

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