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United States v. Urchak

United States District Court, D. New Jersey

January 24, 2019

UNITED STATES OF AMERICA
v.
JOHN URCHAK

          OPINION [DKT. NO. 24]

          RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE.

         This 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.

         On 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).

         Defendant 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.

         Defendant again moves for termination of supervised release on several grounds:

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 vulnerable.
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 community.

[Docket No. 24, at 3-4]. According to Defendant, the “John Urchak that possessed child pornography . . . is not the John Urchak of today.” Id.

         The 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].

         On 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 done.[1]

         This Court has discretion to terminate a term of supervised release, pursuant to Title 18, United States Code, Section ...


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