Colchester Man Sentenced to 13 Months in Federal Prison for Possession of Child Pornography
Burlington, VT – The Office of the United States Attorney for the District of Vermont, stated that on February 5, 2013, Kevin Burbank, 38, was sentenced to serve 13 months in federal prison after he pled guilty to possessing child pornography. Chief U.S. District Court Judge Christina Reiss also ordered Burbank, who is from Colchester, Vermont, to serve five years of supervised release following his prison term.
Burbank faced a prison sentence of up to 10 years. Judge Reiss found that Burbank's recommended prison term under the federal Sentencing Guidelines was between 30 and 37 months. In sentencing Burbank to a term of imprisonment below that range, Judge Reiss considered, among other factors, the defendant's strong community ties, mental health issues, lack of a criminal record, and the fact that his collection of child pornography did not contain images depicting the violent sexual abuse of young children, which is common in child pornography cases. Judge Reiss nevertheless emphasized the grave harm caused by all child pornography offenses.
According to court records, on March 2, 2012, law enforcement agents from Homeland Security Investigations (HSI) and other agencies, executed a search warrant at Burbank's home in Colchester. A search of Burbank's computer revealed approximately 19 videos depicting individuals under the age of 18 engaged in sexually explicit conduct. In an interview with law enforcement, Burbank admitted to acquiring child pornography using an online peer-to-peer file sharing network. Burbank also admitted that, on one occasion, he exposed himself to two underage girls via his web camera.
This case was investigated by Homeland Security Investigations, the South Burlington Police Department, the Chittenden Unit for Special Investigations, the Vermont Internet Crimes Against Children Task Force, and the Vermont State Police. The United States Attorney, Tristram J. Coffin, commends these agencies for their work. The prosecutor is Assistant United States Attorney Timothy C. Doherty, Jr. The defendant is represented by Assistant Federal Public Defender David McColgin.
United States Attorney Coffin noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. 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 www.projectsafechildhood.gov.