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Thursday, March 31 2011

Department of Justice

United States Attorney William C. Killian Eastern District of Tennessee


FEDERAL JURY CONVICTS FRANCISCO MARTIN ON CHILD PORNOGRAPHY CHARGES

GREENEVILLE, Tenn - Following a two-day trial in U.S. District Court, Greeneville, Tenn., on March 30, 2011, a jury convicted Francisco Martin of Jefferson City, Tenn., of receipt of child pornography, possession of child pornography and distribution of child pornography.

Sentencing is set for August 29, 2011, at 9:00 a.m., in U.S. District Court in Greeneville. Martin faces a sentence of at least five years up to 20 years in prison, a fine of up to $250,000 and up to life on supervised release following the prison term.

The investigation of Martin began when an Internet Crimes Against Children (ICAC) Task Force officer at the Morristown Police Department, in an undercover online investigation, downloaded child pornography from Martin’s computer. The FBI executed a search warrant at Martin’s home where numerous computers were seized. A forensic examination of the seized computers revealed over 2,400 images containing child pornography and hundreds of videos containing child pornography. Martin exercised his right to represent himself at trial. He argued before the court that the court did not have jurisdiction over him and that the United States Constitution created and protected a right to obtain the images of child pornography from the internet. Both arguments were rejected by the court.

Law enforcement agencies participating in the joint investigation which led to indictment and subsequent conviction of Martin included the Morristown Tennessee Police Department ICAC Task Force and the Federal Bureau of Investigation. Assistant U.S. Attorney J. Gregory Bowman represented the United States.

This case was brought as part of Public Safe Childhood (PSC), a Department initiative launched in 2006 that aims to combat the proliferation of technology-facilitated sexual exploitation crimes against children. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, tribal and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information visit ProjectSafeChildhood.gov.

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