FEDERAL JUDGE DETAINS FARMERS BRANCH, TEXAS, MAN ON CHILD ENTICEMENT AND CHILD PORNOGRAPHY CHARGES
Defendant Faces Up to 40 Years in Prison if Convicted
FORT WORTH, Texas — Gustavo G. Olvera appeared yesterday afternoon before U.S. Magistrate Judge Jeffrey L. Cureton, who ordered him detained pending further court proceedings, announced U.S. Attorney James T. Jacks of the Northern District of Texas. Olvera, 37, of Farmers Branch, Texas, was arrested on Friday, January 6, 2011, on charges of child enticement and receipt of child pornography outlined in a federal criminal complaint. A federal grand jury in Fort Worth indicted Olvera yesterday for those offenses. Trial is set for March 14, 2011.
According to documents filed in the case, on the morning of January 5, 2011, a federal agent operating in an undercover capacity and assuming another’s identity, received an online message from “Gus Olvera” asking if he (the undercover agent) and his 11-year-old son were free that weekend to “come over, order pizza. Hang out. Literally.” The online conversation continued with Olvera stating he wanted to see both that individual and his son naked; that he had never cuddled with an 11-year-old naked and that would be a new experience for him.
In another part of the online conversation, Olvera emailed a sexually explicit photo of himself to the undercover agent. Further sexually explicit conversation ensued between the undercover agent and Olvera with them agreeing to meet on January 6, 2011, at 1:00 p.m. At approximately noon, federal agents set up a perimeter at the meeting location and approximately 45 minutes later, Olvera arrived, walked around the apartment complex and proceeded back to his car. Following those actions, agents approached Olvera and asked if his name was Gus, and he replied, “no, my name is Gabriel.” When one of the federal agents asked him if he was there to see a particular individual, Olvera began to exclaim, “Oh God, Oh God, Oh God, this is not happening, I can’t go to jail.”
On the same day, federal agents conducted a search of Olvera’s residence and found child pornography located on computer disks in his bedroom. A preliminary forensic analysis determined that Olvera had downloaded a 15-minute video of child pornography, depicting a prepubescent female, approximately seven-years-old, engaged in sexually explicit conduct with an adult male.
An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. A defendant is entitled to the presumption of innocence until proven guilty. If convicted of child enticement, Olvera faces a maximum statutory sentence of 20 years in prison and a $250,000 fine. If convicted of receipt of child pornography, Olvera faces a maximum statutory sentence of not less than five or more than 20 years in prison and a $250,000 fine.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state 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 about Project Safe Childhood, please visit http://www.justice.gov/psc.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Euless, Texas Police Department are investigating.
Assistant U.S. Attorney Alex C. Lewis is in charge of the prosecution
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