Dean Frederick Nelson Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on August 25, 2010, before Chief U.S. District Judge Richard F. Cebull, DEAN FREDERICK NELSON, a 33-year-old resident of Billings, appeared for sentencing. NELSON was sentenced to a term of:
- Prison: 60 months
- Special Assessment: $100
- Forfeiture: computer equipment
- Supervised Release: life
NELSON was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
Federal Bureau of Investigation agents were investigating allegations of child pornography access by users utilizing the peer-to-peer file sharing network. One investigation involved an individual in Billings who had child pornography available via a file sharing program beginning in 2009. Subsequent investigation revealed the individual was NELSON. A federal search warrant was served on NELSON's residence in Billings on August 14, 2009.
When questioned, NELSON admitted that he used the peer-to-peer file sharing programs but when questioned whether he had done so to receive child pornography, he invoked his right to an attorney. Agents seized various computer equipment at NELSON's residence. A subsequent forensic examination revealed hundreds of images and movies of child pornography that NELSON had received via the Internet during 2009 and continued to possess until the equipment was seized. NELSON possessed homosexual child pornography images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that NELSON will likely serve all of the time imposed by the court. In the federal system, NELSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
