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 PLEADS GUILTY IN FEDERAL COURT
TO CHILD PORNOGRAPHY CHARGE

U.S. Attorney Richard B. Roper announced that Abilene, Texas, resident, Allen Wayne Kirby, pled guilty this afternoon in federal court in Lubbock, Texas, to one count of interstate receipt of child pornography. Kirby, who has been in a home-confinement program as a condition of his pre-trial release, was arrested January 16, 2007 by federal law enforcement officers after U.S. District Judge Sam R. Cummings issued a warrant for his arrest in relation to pre-trial release issues. Following today’s guilty plea, Judge Cummings ordered a pre-sentence investigation with sentencing to be scheduled after that investigation is completed. Kirby, 55, faces a maximum statutory sentence of not less than five years nor more than 20 years imprisonment, a $250,000 fine and a lifetime of supervised release.

In a six-count superseding indictment returned in September, 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. Today, Kirby, in pleading guilty to one count of interstate receipt of child pornography, admitted that during 2005 and 2006 he subscribed to web sites that contained images and videos of 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 would copy them onto computer CDs, which he saved and stored in his residence. Many of the children 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 is being prosecuted by Assistant U.S. Attorney Steven M. Sucsy, of the Lubbock, Texas, U.S. Attorney's Office.

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