HOUSTON – A 24-year-old man from Houston has been ordered to
federal prison for receipt and possession of child pornography, announced U.S.
Attorney Ryan Patrick. Lucio Banda pleaded guilty March 21, 2018.
Today, U.S. District Judge Kenneth Hoyt sentenced Banda to
120 months in prison. At the hearing, Banda tried to mitigate his
responsibility by claiming he did not distribute child pornography on the
internet through his use of a peer-to-peer program. The court heard arguments
and reviewed evidence regarding how the file-sharing program worked with
respect to the sharing and distribution of files Banda made available. In
handing down the sentence, the court noted Banda was responsible for the
distribution of child pornography. He was further ordered to pay $18,136.40 in
restitution to the known victims included in his collection and will serve 10
years on supervised release following completion of his prison term, during
which time he will have to comply with numerous requirements designed to
restrict his access to children and the internet. He will also be ordered to
register as a sex offender.
Banda first came to the attention of law enforcement after
they found multiple images of child pornography associated with his online
account.
Authorities conducted a search at his residence, at which
time they seized Samsung Galaxy Note 3 cellular phone and a San Disk Micro SD
Ultra flash drive and a San Disk Ultra Plush flash memory card. Forensic
analysis ultimately uncovered 2,191 images and 251 videos contained child
pornography which included a substantial number of files with minor females
under the age of five. Some of the images are known victims identified through
the National Center for Missing and Exploited Children.
He admitted the child pornography was his as well as the
online account he used to obtain child pornography and acknowledged using
peer-to-peer software to search for, download and obtain child pornography. He
also admitted to viewing child pornography for at least five years and that he
had been doing so for at least two to three years.
Banda was permitted to remain on bond and voluntarily
surrender to a U.S. Bureau of Prisons facility to be determined in the near
future.
The FBI conducted the investigation.
Assistant U.S. Attorney Julie N. Searle is prosecuting the
case which was brought as part of Project Safe Childhood, a nationwide
initiative launched in May 2006 by the Department of Justice to combat the
growing epidemic of child sexual exploitation and abuse. Led by the United
States Attorneys' Offices and the Criminal Division's Child Exploitation and
Obscenity Section, Project Safe Childhood marshals federal, state and local
resources to locate, apprehend and prosecute individuals who sexually exploit
children, and to identify and rescue victims. For more information about
Project Safe Childhood, please visit www.usdoj.gov/psc. For more information
about internet safety education, please visit www.usdoj.gov/psc and click on
the tab "resources."
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