USA v. Nieto

AO 245D(Rev. 09/19) Judgment in a Criminal Case for Revocations
UNITED STATES DISTRICT COURT
for the
District of Nebraska
UNITED STATES OF AMERICA
v.
DANIEL A. NIETO
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
Case Number: 8:10CR357-001
USM Number: 23779-047
Karen C. Hicks
Defendant’s Attorney
THE DEFENDANT:
☒ admitted guilt to violation of Special Condition #8 and Special Condition #17 of the term of supervision.
☐ was found in violation of condition after denial of guilt.
The defendant is adjudicated guilty of these violations:
Violation Number Nature of Violation Violation Ended
1 No contact with minors November 5, 2025
2 Not possess and view sexually explicit material November 5, 2025
The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.
☐ Allegation(s) is dismissed upon the motion of the government.
IT IS ORDERED that the defendant shall 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 shall notify the court and United States attorney of any material change in the defendant’s
economic circumstances.
September 16, 2026
Date of Imposition of Sentence:
s/ Robert F. Rossiter, Jr.
United States District Judge
September 16, 2026
Date
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AO 245D(Rev. 09/19) Judgment in a Criminal Case for Revocations Judgment Page 2 of 8
DEFENDANT: DANIEL A. NIETO
CASE NUMBER: 8:10CR357-001
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
term of time served.
☒The Court makes the following recommendations to the Bureau of Prisons:
1. Defendant should be given credit for time served.
☐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
☐ 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 was delivered on ___________________________ to ______________________________________
at ________________________________, with a certified copy of this judgment.
________________________________________
UNITED STATES MARSHAL
BY: ___________________________________
DEPUTY UNITED STATES MARSHAL
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AO 245D(Rev. 09/19) Judgment in a Criminal Case for Revocations Judgment Page 3 of 8
DEFENDANT: DANIEL A. NIETO
CASE NUMBER: 8:10CR357-001
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of five (5) years.
MANDATORY CONDITIONS
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must 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 you pose a low risk of future
substance abuse. (check if applicable)
4. ☐ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a
sentence of restitution. (check if applicable)
5. ☒You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. ☒You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901,
et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the
location where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. ☐You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on
the attached page.
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions
are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum
tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct
and condition.
1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72
hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation
office or within a different time frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer
about how and when you must report to the probation officer, and you must report to the probation officer as
instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting
permission from the court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about
your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days
before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances,
you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the
probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain
view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
excuses you from doing so. If you do not have full-time employment you must try to find full-time employment,
unless the probation officer excuses you from doing so. If you plan to change where you work or anything about
your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days
before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated
circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected
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DEFENDANT: DANIEL A. NIETO
CASE NUMBER: 8:10CR357-001
change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know
someone has been convicted of a felony, you must not knowingly communicate or interact with that person without
first getting the permission of the probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72
hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e.,
anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another
person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or
informant without first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation
officer may require you to notify the person about the risk and you must comply with that instruction. The probation
officer may contact the person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy
of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation
and Supervised Release Conditions, available at: www.uscourts.gov.
Defendant’s Signature Date
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AO 245D(Rev. 09/19) Judgment in a Criminal Case for Revocations Judgment Page 5 of 8
DEFENDANT: DANIEL A. NIETO
CASE NUMBER: 8:10CR357-001
SPECIAL CONDITIONS OF SUPERVISION
a. You must not purchase or possess, use, distribute, or administer any alcohol, just the same as any other narcotic or
controlled substance.
b. You must submit your person, residence, office, or vehicle to a search conducted by a United States Probation
Officer at any time; failure to submit to a search may be grounds for revocation; you must warn any other residents
that the premises may be subject to searches pursuant to this condition.
d. You must participate in a victim awareness program as directed by the probation officer. Based on your ability to
pay, you must pay for the costs of the program in an amount determined by the probation officer.
n. You must provide the probation officer with access to any requested financial information.
aa. You must provide the probation officer with truthful and complete information regarding all computer hardware,
software, electronic services, and data storage media to which you have access.
bb. You must cooperate with the U.S. Probation Office's Computer Monitoring Program, as directed by the probation
officer. Cooperation shall include, but not be limited to, identifying computer systems, Internet capable devices,
and/or similar electronic devices you have access to, and allowing the installation of monitoring software/hardware
on said devices. You and/or the probation officer must inform all parties that access a monitored computer, or
similar electronic device, that the device is subject to monitoring. You may be limited to possessing only one
personal Internet capable device, to facilitate the probation officer's ability to effectively monitor your Internet
related activities, including, but not limited to, email correspondence, Internet usage history, and chat conversations.
You must not remove, tamper with, reverse engineer, or in any way circumvent installed software. You must also
permit random examinations of said computer systems, Internet capable devices, and similar electronic devices, and
related computer peripherals, such as CD's and other media, under your control. You must pay the costs of
monitoring.
jj. You must not use or have installed any programs specifically and solely designed to encrypt data, files, folders, or
volumes on any media. Also, you must not install or use any program for the purpose of “wiping,” deleting or
cleaning any media device.
ll. You must have no contact, nor reside with children under the age of 18, including your own children, unless
approved in advance by the probation officer in consultation with the treatment providers. You must report all
contact with children to the probation officer and the treatment provider. Should you have contact with a child, you
are required to immediately remove yourself from the situation and notify your probation officer within 24 hours
of this contact.
mm. You must not loiter near schools, school yards, parks, arcades, playgrounds, amusement parks, or other places used
primarily by children under the age of 18 unless approved in advance by the probation officer.
nn. You must not associate with or have any contact with convicted sex offenders unless in a therapeutic setting and
with the permission of the probation officer.
oo. You are restricted from engaging in any occupation, business, or profession, including volunteer work, where you
have access to children under the age of 18, without prior approval of the probation officer. Acceptable employment
shall include a stable verifiable work location and the probation officer must be granted access to the work site.
pp. You must have all residences and employment pre-approved by the probation officer ten (10) days prior to moving
or changing employment. You must comply with any residency restriction ordinances in the city where you reside.
qq. You must consent to third party disclosure to any employer, or potential employer, concerning any computer-related
restrictions that are imposed upon you unless excused by the probation officer.
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DEFENDANT: DANIEL A. NIETO
CASE NUMBER: 8:10CR357-001
rr. You must undergo a sex offense-specific evaluation and participate in a sex offender treatment and/or mental health
treatment program approved by the probation officer. You must abide by all rules, requirements, and conditions of
the sex offender treatment program(s), including submission to polygraph testing. You must sign releases of
information to allow all professionals involved in your treatment and monitoring to communicate and share
documentation. You must pay for these services as directed by the probation officer.
ss. You must submit to an initial polygraph examination and subsequent maintenance testing, at intervals to be
determined by the probation officer, to assist in treatment, planning, and case monitoring. You must pay for these
services as directed by the probation officer.
tt. You must not possess, view, or otherwise use material including videos, magazines, photographs, computer
generated depictions, or any other forms that depict sexually explicit conduct involving children or adults, as defined
in 18 U.S.C. § 2256.
zz. You must report to the Supervision Unit of the U.S. Probation Office for the District of Nebraska between the hours
of 8:00 a.m. and 4:30 p.m., 111 South 18th Plaza, Suite C79, Omaha, Nebraska, (402) 661-7555, within seventy-
two (72) hours of being placed on probation or release from confinement and, thereafter, as directed by the probation
officer.
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AO 245D(Rev. 09/19) Judgment in a Criminal Case for Revocations Judgment Page 7 of 8
DEFENDANT: DANIEL A. NIETO
CASE NUMBER: 8:10CR357-001
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties in accordance with the schedule of payments set forth
in this judgment.
Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $100.00 (paid)
☐ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO245C) 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
☐ 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 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:
*Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299
**Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed
on or after September 13, 1994, but before April 23, 1996.
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AO 245D(Rev. 09/19) Judgment in a Criminal Case for Revocations Judgment Page 8 of 8
DEFENDANT: DANIEL A. NIETO
CASE NUMBER: 8:10CR357-001
CLERK'S OFFICE USE ONLY:
ECF DOCUMENT
I hereby attest and certify this is a printed copy of a document which was electronically filed with the United States District
Court for the District of Nebraska.
Date Filed:__________________________________
DENISE M. LUCKS, CLERK
By ______________________________________Deputy Clerk
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