United States District Court, D. New Jersey
OPINION [DKT. NO. 24]
RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE.
matter comes before the Court upon Defendant John
Urchak's motion to terminate his term of supervised
release. [Dkt. No. 24]. For the reasons that follow, the
motion is denied without prejudice.
October 17, 2008, Defendant John Urchak pled guilty to an
Information charging him with possession of child
pornography, in violation of 18 U.S.C. 2252A(a)(5)(B).
Defendant had been found in possession of 21 images and
approximately 80 videos depicting child pornography yielding
the equivalent of 6, 000 images. A number of those images
depicted prepubescent minors younger than 12 years of age.
Defendant also admitted to law enforcement that he traded
child pornography on the Internet, became
“addicted” to child pornography, and would view
the images and videos in a frenzy. See Presentence
Investigation Report, ¶ 14. On January 26, 2009, this
Court sentenced Defendant to 36 months' imprisonment,
followed by a lifetime of supervised release. (The 36-month
term of imprisonment represented a 15-month downward variance
from the applicable 51-63 month Guideline range).
began his term of supervised release on October 8, 2011. Two
years into his supervised release, on October 18, 2013, the
Court granted, in part, Defendant's motion for
modification of the conditions of his supervised release.
Specifically, the Court modified conditions regarding out of
state travel and the consumption of alcohol but denied his
request to reduce the term of his supervised release from
lifetime to five years without prejudice.
again moves for termination of supervised release on several
Mr. Urchak continues to engage with his therapist, Yulia
Bragisky, LCSW, on a voluntary basis, both before and after
his incarceration. His therapist unequivocally states John
“took full responsibility for his actions, ”
“poses no danger of accessing child pornography”
and “is not a danger to self or others. He is an asset
to the community. I would highly support his request for
termination of his supervision.” (May 22, 2018)
John Urchak's family members; his wife, Roxanne, sons
John and Francis, all have written heartfelt letters to the
Court about the personal impact of the defendant's
criminal transgression and the journey of healing each has
experienced since. There is no “sugar-coating” in
these statements: Mr. Urchak's behavior was abhorrent and
resulted in much pain to each of his family members. Yet,
each acknowledges that Mr. Urchak has since lived an
authentic life of redemption and all support his request for
termination of his supervised release.
John Urchak continues to earn support and long term
friendships within his community as demonstrated by the
letter from Robert W. Coyle, Totowa's Chief of Police.
John Urchak continues to volunteer for Transition
Professionals, an award winning reentry organization in
Bergen County. Mr. Urchak positively impacts countless
individuals through his example and work. Letters from Bonnie
O'Brien, Executive Director, Michelle Esserry, and Linda
Gammon, Criminal Probation Supervisor, Retired, coworkers at
Transition Professionals, were proffered and have been
submitted in order to provide the Court with a glimpse into
the character and conduct of Mr. Urchak from those with
significant experience with the formerly incarcerated and
John Urchak works as a volunteer with those reentering
society: the formerly incarcerated as detailed on his
attached resume. He is a role model for many. Fully
recognizing Mr. Urchak's redemption will further serve as
an appropriate beacon of hope and motivation for those who
seek to fully gain or regain their potential as assets to the
[Docket No. 24, at 3-4]. According to Defendant, the
“John Urchak that possessed child pornography . . . is
not the John Urchak of today.” Id.
Government opposes the motion, arguing, in general, that
termination of supervised release “would remove the
safeguards implemented to foster [Defendant's] successful
integration with the community.” [Docket No. 32, at 1].
November 2, 2018, the Court conducted a hearing. Dr. Yulia
Braginsky, L.C.S.W. testified on Mr. Urchak's behalf. The
Court reserved its decision and invited the parties to submit
post-hearing submissions which each side has
Court has discretion to terminate a term of supervised
release, pursuant to Title 18, United States Code, Section