FOR IMMEDIATE RELEASE
Thursday, October 11, 2007
THOMAS HENRY GINN SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on October 11, 2007, before Chief U.S. District Judge Donald W. Molloy, THOMAS HENRY GINN, a 27-year-old resident of Louisianna, appeared for sentencing. GINN was sentenced to a term of:
- Prison: 97 months
- Special Assessment: $200
- Supervised Release: life
- Forfeiture: computer equipment
GINN was sentenced in connection with his guilty plea to guilty to receipt and possession of child pornography.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
U.S. Immigration and Customs agents were investigating allegations of child pornography distribution by users utilizing the peer-to-peer file sharing network. One investigation involved a person in Missoula, who had child pornography available via a file sharing program in 2005. ICE agents tracked the computer IP address to GINN at a residence in Missoula.
The agents executed a search warrant on that residence on August 3, 2005. They learned from the current occupant that GINN was no longer residing there. The agents located where GINN was then occasionally living in Missoula, and another search warrant was obtained. During the search, agents seized GINN'S laptop computer and a pen drive for forensic analysis.
The homeowner of the residence also consented to the agents looking at her computer that GINN occasionally used, as she had found a program installed that she was not familiar with. Items of child pornography were found on that computer also. A forensic examination of GINN'S computer found numerous items of child pornography that GINN had received and possessed via the Internet during 2005.
When questioned, GINN admitted that he had begun using the Internet to download files containing child pornography for five or six months. GINN organized his child pornography collection into three folders with images in one, videos in another, and stories in a third. GINN admitted that he used his computer equipment to access the child pornography, as well as the computers of two other women with whom he stayed. GINN had images of children under the age of twelve, as well as images of sadistic or masochistic sexual abuse or depictions of violence as defined under Ninth Circuit law.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GINN will likely serve all of the time imposed by the court. In the federal system, GINN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
The investigation was conducted by the U.S. Immigration and Customs Enforcement.
This case was brought as part of Project Safe Childhood. In February 2006, the Department of Justice 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/.
