FOR IMMEDIATE RELEASE	CONTACT: Lauren Horwood
May 19, 2011	PHONE: (916) 554-2706
www.usdoj.gov/usao/cae	usacae.edcapress@usdoj.gov
Docket #: 2:07-CR-0425 KJM

SACRAMENTO, Calif. — United States Attorney Benjamin B. Wagner announced that a federal grand jury returned a four-count superseding indictment charging James E. Johnston, 69, of Sacramento, with conspiracy to travel in foreign commerce for the purposes of having sex with a person under the age of 18, conspiracy to produce child pornography, receipt and distribution of child pornography, and possession of child pornography.

The indictment alleges that between May and September 2006, Johnston conspired with another person to go to the Philippines to have sex with a child. The indictment also alleges that in May 2006, he conspired with another person to produce pictures of children engaged in sex acts. Finally, the indictment alleges that Johnston received child pornography in August 2006 and possessed child pornography between October 2005 and September 2006.

This case is the product of an investigation by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI). Assistant United States Attorneys Heiko Coppola and Kyle Reardon are prosecuting the case.

If convicted of conspiracy to produce child pornography, Johnston faces a sentence of 15 to 30 years in prison. The sentence for receipt and distribution of child pornography is 5 – 20 years in prison. The maximum sentence for possession of child pornography is 10 years in prison, and the maximum sentence for foreign travel for the purpose of having sex with a minor is 30 years in prison. Johnston may also receive a lifetime term of supervised release and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC mobilizes federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information, visit www.projectsafechildhood.gov or call the U.S. Attorney's Office for the Eastern District of California and ask to speak with the PSC coordinator.

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