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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of Texas

FOR IMMEDIATE RELEASE
Wednesday, April 16, 2014

Former U.S. Army Soldier Sentenced To Nearly 30 Years In Federal Prison For Production Of Child Pornography

In Waco this afternoon, 41-year-old former U.S. Army sergeant Gary Allen Burgess was sentenced to 340 months in federal prison for production of child pornography announced United States Attorney Robert Pitman and Federal Bureau of Investigation Acting Special Agent in Charge Aaron C. Rouse, San Antonio Division.

In addition to the prison term, U.S. District Judge Walter S. Smith, Jr. ordered that Burgess pay a $1,000 fine and $80,000 restitution to his victim.  Judge Smith also ordered that Burgess be placed under supervised release for a period of eight years after completing his prison term.

On June 6, 2013, Burgess pleaded guilty to one count of production of child pornography.  According to court records, in late 2011, U.S. Army Criminal Investigation Division authorities executed a search authorization at the defendant’s residence on Fort Hood based on a report of a sexual assault of a minor.  A forensic examination of various seized electronic media which belonged to the defendant revealed the presence of approximately 80 sexually explicit images involving an individual under the age of 12.

Burgess has remained in federal custody since his arrest in December 2012.

In October 2013, Burgess’ wife, Caroline, was sentenced to two years in federal prison followed by one year of supervised release and ordered to pay a $1,000 fine after pleading guilty to one count of tampering with a witness, victim or informant.  According to court records, in March 2012, Caroline Burgess attempted to persuade a minor victim in this case to recant allegations of sexual abuse against Gary Burgess.  

This matter was investigated by the Federal Bureau of Investigation together with the U.S. Army Criminal Investigation Division.  Assistant United States Attorney Greg Gloff prosecuted this case on behalf of the Government.

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Updated December 15, 2014