FOR IMMEDIATE RELEASE
Wednesday, November 28, 2007
MICHAEL PAUL SCHMITZ 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 Billings, on November 28, 2007, before Senior U.S. District Judge Jack D. Shanstrom, MICHAEL PAUL SCHMITZ, a resident of Lambert, appeared for sentencing. SCHMITZ was sentenced to a term of:
- Prison: 108 months
- Special Assessment: $200
- Supervised Release: life
SCHMITZ was sentenced in connection with his guilty plea 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:
In January of 2006, a credit card belonging to SCHMITZ of Lambert was used to pay for a subscription to an illegal child pornography website.
On October 19, 2006, agents with the U.S. Immigration and Customs Enforcement (ICE) conducted an interview of SCHMITZ at his residence in Lambert. When questioned, SCHMITZ admitted his role in receiving and possessing child pornography via the Internet, using approximately fifteen to twenty paid subscriptions to the child pornography websites . A computer SCHMITZ admitted he used to receive and possess child pornography was seized. Forensic analysis of SCHMITZ'S computer revealed numerous image files and movies containing images of children engaged in sexually explicit conduct.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SCHMITZ will likely serve all of the time imposed by the court. In the federal system, SCHMITZ 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/.
