The 46 months were the time spent in prison by Nathan Larson from December 2008 to October 2013, with two six-month breaks when he was on supervised release.
The prosecution wrote (citations omitted):
Defendant was charged in the District of Colorado with threatening to take the life of the President in violation of 18 U.S.C. § 871(a). After pleading guilty to the charge, defendant was sentenced to serve 16 months’ imprisonment followed by 3 years of supervised release. The special conditions of defendant’s supervised release included: (1) participation in a program of mental health treatment, and (2) no access to any e-mail account without prior permission of the supervising probation officer.
Defendant commenced his first period of supervised release on February 9, 2010. On July 12, 2010, defendant’s supervision was transferred to the Eastern District of Virginia. On August 11, 2010, less than one month after defendant’s transfer to the Eastern District of Virginia, a petition on supervised release was filed. The petition was in response to a letter submitted by defendant to the probation office stating his intent to disobey any order of the court and the probation office. Based on the content of the letter, an arrest warrant was issued. On August 20, 2010, defendant appeared before the district court; he was found to be in violation of his supervised release, and sentenced to 24 months of incarceration followed by 3 years of supervised release, with the same special conditions as previously set. Upon motion by defendant, the supervised release was reduced to 1 year.
Defendant completed his period of incarceration at Federal Correctional Complex Petersburg. On June 12, 2012, defendant commenced his second period of supervised release. On October 29, 2012, defendant submitted a letter to his mental health provider; the letter detailed his plan to commit “suicide by cop” should the health provider continue to ask him probing questions about a sexual offense he committed in 2003. The letter was explicit in his plans, in that he would use a firearm to provoke a police officer to fire at him. In essence, the letter was an ultimatum for the health provider; either she discontinues the questioning, or he would “act accordingly.”
On November 26, 2012, defendant’s probation officer was contacted by a Special Investigative Technician at Federal Correctional Complex Petersburg regarding a package defendant attempted to send to one of the inmates. The package included a lengthy transcript of an interview defendant completed of the other inmate while the two were incarcerated together. The transcript contained material related to “... pedophilia, ... deviant sexual practices, assassination of government officials, and suicidal ideations.” The investigative technician also revealed that defendant had a 14-minute phone conversation with another inmate, who was a convicted sex offender, during which the inmate requested that defendant conduct internet searches for females on his behalf, and discussed with defendant the option of lying to his probation officer in order to successfully complete his period of supervised release. On November 30, 2012, the probation office submitted a petition on supervised release citing the violation of associating with persons convicted of a felony without prior permission from the probation officer to do so.
A hearing on the violation of supervised release was held on December 7, 2012. After defendant admitted to the violation, the court began a dialogue with defendant in which the court voiced its concerns regarding defendant’s wellbeing and the need to protect the public. Specifically, the court listed: (1) the original offense involving the threat against the President of the United States, (2) defendant’s “infatuation with children and sex,” (3) defendant’s public website in which he discusses “sex with children and post[s] pictures of children in provocative poses in underwear,” and (4) defendant’s previous intent to commit “suicide by cop.” The court affirmed its duty to protect the public and asked defendant why he should not be incarcerated for a long period of time. Although admitting that he needed mental health treatment, defendant rationalized the transcript containing the pedophilic information as occurring in a context of “avid research,” and the public’s need for an internet based encyclopedia that is inclusive, and not exclusive. Defendant specifically stated that in probing the inmate about pro-pedophilic views, his “goal [was] to benefit society.”
After listening to defendant’s rationalizations, the court stated that it wanted defendant to “hear [its] thought process about all of the information provided to [it] and [its] responsibility ... to ensure, first, that [the defendant] get[s] mental health treatment.” The court went on to express its concern with defendant posting the transcript and pictures to his website, and making it available to other individuals who have a fascination with child pornography. The court then re-iterated its concern about defendant’s previous intent to commit “suicide by cop,” and agreed with both him and his counsel that there was a need for mental health treatment; it was the court’s opinion that this treatment should be in a custodial setting.
The court then found defendant to be in violation of his supervised release. The supervised release was revoked, and defendant was sentenced to 10 months’ imprisonment. An additional period of supervised release was imposed with the following special conditions: (1) imposition of the previous special conditions, including mental health treatment, (2) participation in a sex offender treatment with submission to a polygraph test, (3) prohibition on possession of a computer or use of the internet without prior approval, and (4) alternative participation in a computer monitoring program. The court then said that it would recommend the defendant be sent to Federal Correctional Institution Butner to afford defendant an opportunity to receive “intensive psychiatric treatment.”
|Threatening the President of the United States||16 months (14 served)||3 years||12 December 2008||9 February 2010||Federal Detention Center, Englewood (11 months); Federal Medical Center, Rochester (3 months)|
|Supervised release violation||24 months (22 served)||1 year||11 August 2010||12 June 2012||Federal Correctional Institution, Petersburg|
|Supervised release violation||10 months (10 served)||None||3 December 2012||2 October 2013||Federal Correctional Institution, Cumberland|
|Total||50 months (46 served)|
- United States' Unopposed Motion To Vacate Sentence and Remand for a De Novo Resentencing (7 March 2013)
- "Failure to satisfactorily participate in a mental health treatment program"; "Failure to report to the probation officer as directed"; "Failure to follow the instructions of the probation officer"
- "You 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"