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May 16, 2012

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Former Conroe Resident Convicted of Conspiracy to Produce Child Pornography

HOUSTON – Matthew David Eyerly, 35, has entered a plea of guilty to conspiracy to produce child pornography and possession of child pornography, United States Attorney Kenneth Magidson announced today.

The investigation into Eyerly began following several downloads of child pornography over the Internet by FBI officers in Tulsa, Okla.; Buffalo, N.Y.; and Detroit, Mich., which were traced to a computer used by Eyerly. On Nov. 9, 2006, agents located Eyerly at an apartment on Wilson road in Conroe along with an adult female and minor child. When agents told Eyerly they were there regarding a file server, Eyerly admitted to having operated one but said he gave it up, in part, due to his new relationship with the female. At that time, Eyerly consented to a search of his computer.

According to documents in support of his guilty plea, when asked about the minor child in the apartment, Eyerly admitted there would be pictures of the child on the computer. Eyerly admitted to digital and oral contact with the genitals of the child and having taken pictures of these acts. He said this took place at an earlier visit in July 2006 in Conroe, Texas, when the woman left him alone with the child in a motel room. Eyerly also claimed the woman sent him nude photos of the child over the Internet.

A forensic exam was conducted which revealed images of the child on his computer as well as additional images of child pornography downloaded from the Internet not involving the minor child.

U.S. District Judge Keith P. Ellison, who accepted the guilty plea today, has set sentencing for Aug. 1, 2012. At that time, Eyerly faces a sentence of at least 15 and up to 30 years imprisonment for the conspiracy conviction as well as a maximum 10 years for the possession charge. Both offenses also carry a possible $250,000 fine. Upon completion of any prison term imposed, Eyerly also faces a maximum of life on supervised release during which the court can impose a number of special conditions designed to protect children and prohibit the use of the Internet. He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

This case, prosecuted by Assistant United States Attorney Robert Stabe and investigated by the FBI, 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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit For more information about internet safety education, please visit and click on the tab "resources."