Possession of Child Pornography
Child Pornography. This charge, filed against him in federal court, stemmed from the discovery of more than 2000 images and 350 videos of child pornography on his computer by law enforcement. A task force comprised of state and federal law enforcement officers investigated the proliferation and distribution of child pornography on the Internet. Armed with special software and tracking tools to detect the transfer of known electronic files believed to contain child pornographic images, they detected a transfer connected to a particular internet protocol or IP address. Officers issued a subpoena to the Internet service provider to which the IP address is assigned for its subscriber or customer information. Once received, officers applied for and obtained a search warrant for the customer’s apartment to locate, seize and forensically search computer hardware and related electronic storage devices. The man was not home when police began to execute the warrant, but returned while they were still on scene. Police questioned the man who confessed to possessing child pornographic materials on his computers.
As a result, police arrested the man and charged him federally with Possession of Child Pornography. The man retained the services of Attorney John L. Calcagni III of the Law Office of John L. Calcagni III, Inc. and Attorney John E. MacDonald of the Law Office of John E. MacDonald, Inc. to represent him in this matter. Attorneys Calcagni and MacDonald successfully negotiated with the U.S. Attorney’s Office for a pretrial agreement on the man’s behalf. The agreement called for the man’s guilty plea to the least serious charge of Possession of Child Pornography. This enabled him to avoid more serious charges of Receiving Child Pornography, which carries a mandatory minimum jail sentence of five (5) years and Distribution of Child Pornography, which carries an even stiffer sentence. After pleading guilty to possession, the man faced a possible sentence of between seven (7) and eight (8) years according to the U.S. Sentencing Guidelines. Attorneys Calcagni and MacDonald implemented a pretrial, sentencing preparation strategy aimed at sparing their client, a first-time offender, from such a harsh jail sentence. Attorney Calcagni successfully argued for lenience at sentencing, citing his client’s family ties, artistic abilities, community contributions, self-rehabilitation, success while on pretrial release, and lack of a criminal record. Based on Attorney Calcagni’s arguments and the Defense’s carefully developed written sentencing submissions, the Court sentenced the man to twelve (12) months and one (1) day, or one year, along with a period of probation and restitution.