United States Attorney
Northern District of Texas

1100 Commerce St., 3rd Fl.
Dallas, Texas 75242-1699

Telephone (214) 659-8600
Fax (214) 767-0978

FEDERAL GRAND JURY INDICTS ABILENE, TEXAS, MAN
ON CHILD PORN AND CHILD OBSCENITY CHARGES

U.S. Attorney Richard B. Roper announced that a federal grand jury in Lubbock, Texas, returned a six-count superseding indictment today charging Abilene, Texas, resident, Allen Wayne Kirby, with three counts of receipt of child pornography, one count of receipt of child obscenity, one count of possession of child pornography, and one count of possession of child obscenity.

Kirby, age 55, was originally charged in a federal indictment returned by a grand jury last month with one count of possession of child pornography and one count of possession of child obscenity. He was arrested on those charges and appeared before a United States Magistrate Judge who released him on a personal recognizance bond.

According to the superseding indictment, on July 25, 2006, Kirby received images of child pornography and child obscenity when he downloaded them from the Internet to his computer. The superseding indictment also alleges that in August 2005, Kirby possessed a computer compact disk that contained images of child pornography and child obscenity.

If convicted on all six counts of the indictment, Kirby faces a maximum statutory sentence of 100 years imprisonment and a $1.5 million fine.

An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty.

U.S. Attorney Roper commended the investigative efforts of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. The case is being prosecuted by Assistant United States Attorney Steven M. Sucsy, of the Lubbock, Texas, United States Attorney's Office.

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