News and Press Releases

James Don Bartholomew Sentenced in U.S. District Cour

Wednesday, June 29, 2011

The United States Attorney's Office announced that during a federal court session in Missoula, on June 29, 2011, before U.S. District Judge Donald W. Molloy, JAMES DON BARTHOLOMEW, a 32-year-old resident of Missoula, appeared for sentencing. BARTHOLOMEW was sentenced to a term of:

Prison: 36 months

Special Assessment: $100

Forfeiture: computer

Supervised Release: 7 years

BARTHOLOMEW was sentenced in connection with his guilty plea to possession of child pornography.

In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:

As part of an Internet Crimes Against Children (ICAC) Task Force investigation, the Missoula County Sheriff's Office received a referral that an IP address in Missoula had child pornography files available for download. They determined BARTHOLOMEW was the subscriber on the IP address and a search warrant was obtained for BARTHOLOMEW's residence in Missoula.

On April 9, 2010, law enforcement served the search warrant and seized a computer. When questioned, BARTHOLOMEW stated the file sharing program Limewire was previously on the computer, but he had removed it. He stated that he installed, removed and re-installed LimeWire multiple times. He also admitted he had used Limewire to download child pornography; that he knew child pornography was illegal; and the last time he viewed child pornography on the computer was a month earlier.

In May 2010, the computer was forensically examined. Videos depicting child pornography were located on the computer. Many were associated with the LimeWire application. The videos were created between September 30, 2009, and March 22, 2010. At least seven of the video files used in the search warrant were located on the computer.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BARTHOLOMEW will likely serve all of the time imposed by the court. In the federal system, BARTHOLOMEW does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

The investigation was a cooperative effort between the Montana Internet Crimes Against Children (ICAC) Task Force, the Missoula Police Department, the Missoula County Sheriff's Office and the Montana Division of Criminal Investigation.



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