Walnut Creek Man Sentenced To 85 Months In Prison For Committing A Crime Of Violence While Failing To Register As A Sex Offender
SAN FRANCISCO - Brian Simoneschi was sentenced today to 85 months in prison, and ordered to pay $6,000 in restitution for having committed a crime of violence while failing to register as a sex offender, United States Attorney Melinda Haag announced.
Simoneschi pleaded guilty on Oct. 14, 2011, to one count of committing a crime of violence while failing to register as a sex offender, in violation of Title 18, United States Code, Section 2250(a) and (c). According to the plea agreement, Simoneschi, a sex offender based on a 2008 conviction for annoying or molesting a child in violation of California Penal Code Section 647.6(a)(1), admitted that he moved from North Carolina to California in January, 2009, but did not update his sex offender registration to reflect his move. Simonesch admitted that the reason for his move to California was to have sex with a girl who was under the age of 16, and that he had sexual intercourse with the girl after having failed to register as a sex offender.
Simoneschi met the child victim in this case online while he was stationed at Fort Bragg, N.C. After communicating with her via the internet and a webcam for about one month, Simoneschi traveled to California to meet her, and admitted to having sex with her eleven times. Simoneschi began communicating with the child victim only one month after having been convicted for another sex crime involving children.
The sentence was handed down by U.S. District Court Judge Susan Illston following a guilty plea to a one-count Information charging a violation of 18 U.S.C. § 2250(a) and (c), knowing failure to register as a sex offender and committing a crime of violence. Judge Illston also sentenced the defendant to a five-year period of supervised release and ordered him to pay $6,000 in restitution to the minor victim. The defendant has been in custody since his arrest on this charge.
Owen Martikan is the Assistant U.S. Attorney who prosecuted the case with the assistance of Rosario Calderon. The prosecution is the result of a year-long investigation by the United States Marshals Service, with the assistance of the Walnut Creek Police Department and the Cumberland County Sheriff’s Office in Cumberland County, North Carolina.