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Feb. 22, 2012

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San Juan Man Lands in Federal Prison for Child Pornography Charges

MCALLEN, Texas – Benito Delgado Jr., 34, of San Juan, Texas, has been sentenced to a total of 180 months in prison for receipt and production of child pornography, United States Attorney Kenneth Magidson announced today.

In a hearing completed late yesterday, Chief U.S. District Court Judge Ricardo Hinojosa sentenced Delgado to 168 and 180 months for the receipt and production of child pornography convictions, respectively. The sentences are to be served concurrently and will be followed by a five-year-term of supervised release during which Delgado will be prohibited from accessing the Internet unless permission is provided by his probation officer at that time. Additionally, the court assessed restitution in the amount of $1,750 for a known victim of child pornography that the Delgado had in his collection. Because of said conviction, Delgado will have to register as a sex offender for the remainder of his life.

In July 2006, Delgado was identified as a person trafficking in child pornography through an Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI) Internet investigation. On Oct. 26, 2006, ICE-HSI agents executed a search warrant at Delgado’s residence and seized his computer and various media devices. A forensic examination of the computer found Delgado had 549 videos depicting young children in sexually explicit conduct in his possession, many of which included children under the age of 12 and known victims identified through the National Center for Missing and Exploited Children. Forensic examiners also found that Delgado had taken pictures of a six-year-old girl revealing her genitalia.

Delgado later admitted he had downloaded child pornography found on his computer from the Internet and to have taken the sexually explicit photographs of the six-year-old girl.

Judge Hinojosa determined Delgado’s sentence for the receipt of child pornography conviction based on the number of movies he collected, as well as the nature of the pornographic movies, showing children subjected to sadistic, masochistic and violent conduct. The court took into consideration the age of the victim and the nature and circumstances that occurred in regard to the production of the child pornography.

Delgado has been in federal custody since his arrest March 9, 2007, and will be transferred to the U.S. Bureau of Prisons to serve the remainder of his sentence.

This investigation leading to the charges against Delgado was conducted by ICE-HSI and was prosecuted by Assistant United States Attorneys Alex C. Lewis and Juan F. Alanis. This case is being brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse, launched in February 2006 by the Department of Justice. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit