| FOR IMMEDIATE RELEASE October 22, 2008 WWW.USDOJ.GOV/USAO/CAN |
SAN JOSE – United States Attorney Joseph P. Russoniello announced that Frank Gembeck, Jr., of Cupertino, California, pleaded guilty on Monday to possessing child pornography. In United States District Court proceedings Monday, Mr. Gembeck, 41, admitted to possessing approximately one hundred videos and fourteen still images on his computer and on DVDs, which depicted minors engaged in sexually explicit conduct. The child pornography included images of prepubescent children engaged depictions of violent, sadistic or masochistic conduct.
Mr. Gembeck’s sentencing is set for January 26, 2009 in U.S. District Court, San Jose, California. The maximum statutory penalty for possessing child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) is 10 years imprisonment and a $250,000 fine. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Richard C. Cheng is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Paralegal Lauri Gomez. Special Agent Wade Luders is the case agent with the Federal Bureau of Investigation.
Further Information:
Case #: CR08-0076-JW
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