United States Attorney
Northern District of Texas

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

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

ABILENE, TEXAS, MAN SENTENCED TO 121 MONTHS
ON CHILD PORNOGRAPHY CONVICTION

LUBBOCK, Tx. — Abilene, Texas, resident, Allen Wayne Kirby, was sentenced today in Lubbock by U.S. District Judge Sam R. Cummings, to 121 months in prison, announced U.S. Attorney Richard B. Roper, of the Northern District of Texas. Kirby, 55, pled guilty in January to one count of interstate receipt of child pornography. Judge Cummings also ordered that Kirby serve a life term of supervised release. Kirby, who was in a home-confinement program as a condition of his pre-trial release, was arrested on January 16, 2007, by federal law enforcement officers after Judge Cummings issued a warrant for his arrest in relation to pre-trial release issues.

In a six-count superseding indictment returned in September 2006, Kirby was charged 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. In pleading guilty to one count of interstate receipt of child pornography, Kirby admitted that during 2005 and 2006, he subscribed to web sites that contained images and videosof child pornography. Kirby used his subscriptions to these web sites to download material depicting minors engaged in sexually explicit conduct. After downloading the images and videos of child pornography, Kirby copied them onto computer CDs, which he saved and stored in his residence. Many of the children that were depicted engaging in sexually explicit conduct were pre-pubescent.

This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States 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

U.S. Attorney Roper commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE). The case was prosecuted by Assistant U.S. Attorney Steven M. Sucsy, of the Lubbock, Texas, United States Attorney's Office.

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