Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on January 12, 2009, before U.S. District Judge Sam E. Haddon, BRYAN JOHN TRINIDAD, a 21-year-old resident of Great Falls/Malmstrom, appeared for sentencing. TRINIDAD was sentenced to a term of:

• Prison: 78 months

• Special Assessment: $100

• Supervised Release: 5 years

• Forfeiture: computer equipment

TRINIDAD was sentenced in connection with his guilty plea to possession of child pornography.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

The Wyoming Internet Crimes Against Children Task Force initiated an operation targeting peer-to-peer file sharing networks offering child pornography.

In June of 2007, it was determined that a computer utilizing an IP address assigned to an individual residing on Malmstrom Air Force Base had images of child pornography available to other peer-to-peer users.

The Air Force Office of Special Investigations along with U.S. Immigration and Customs Enforcement agents followed up the lead by interviewing this individual. During the interview, the individual gave consent to search his computer. No child pornography was found on the computer. It was learned at this time that another individual shared the Internet account. This individual was interviewed and also gave consent to search his computer. Again, no child pornography was found.

The second individual provided information indicating that yet another person was accessing the Internet through the same Internet account. By clicking on the Limewire icon while the connection was in use, the individual learned the other person accessing the Internet and using Limewire was signed on as BJ Trinidad. TRINIDAD lived in the suite next to the individual initially interviewed and was able to utilize that person's wireless network to gain access to the Internet.

TRINIDAD consented to the search of his laptop computer and other electronic storage devices that he provided to investigators, including an external hard drive and four CDs.

Forensic analysis of TRINIDAD'S computer and storage devices revealed more than 600 images of child pornography. The images included children clearly under the age of twelve engaged in sexually explicit conduct, including images of penetration. TRINIDAD used his computer to gain access to the Internet, downloaded the images, and ultimately saved them on electronic storage devices.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TRINIDAD will likely serve all of the time imposed by the court. In the federal system, TRINIDAD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Assistant U.S. Attorney Michael S. Lahr prosecuted the case for the United States.

The investigation was a cooperative effort between the U.S. Immigration and Customs Enforcement and the Air Force Office of Special Investigation (OSI).

 

 

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