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January 26, 2011

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(HOUSTON) –  A Spring, Texas resident indicted and in custody on charges of distributing child pornography via the Internet has been ordered to remain in federal custody without bond pending trial, United States Attorney José Angel Moreno announced today.

Jarod Barry, 29, of Spring and a U.S. Marine Corp Sergeant, has been ordered to remain in federal custody without bond pending trial by United States Magistrate Judge Nancy Johnson following a bond hearing held today. Barry was indicted by a Houston grand jury on Jan. 18, 2011, and arrested by special agents of the United States Secret Service (USSS) on Jan. 21, 2011.  Today, Barry pleaded not guilty to the charge and is scheduled for trial before United States District Judge David Hittner on March 29, 2011.

After hearing the testimony presented today, Judge Johnson denied bond to Barry finding that to release him would pose a danger to the community. 

Through testimony given today the court learned heard that the investigation leading to Barry’s arrest, conducted by USSS agents, revealed that on Aug. 23, 2010, Barry allegedly made child pornography available to others through the use of Peer to Peer software over the Internet. The images Barry allegedly “shared” with others included depictions of children under the age of 12 being sexually violated by adults and children being strangled while being violated. According to testimony, the investigation culminated in the search of Barry’s Spring residence in October 2010 and the seizure of a desktop computer which allegedly contained approximately 258 videos containing child pornography. 

Barry faces a minimum sentence of five years and a maximum of 20 years imprisonment for the distribution of child pornography charges and a maximum fine of $250,000, if convicted.  Per statute, the punishment for such a conviction also carries a maximum life term of supervised release during which the court can impose a number of special conditions designed to protect children. Additionally, a conviction for distributing child pornography will require the offender to register as a sex offender.
This case brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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

This case is being prosecuted by Assistant United States Attorney Sherri L. Zack.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

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