FOR IMMEDIATE RELEASE
Friday, February 08, 2008
PATRICK LEGAN 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 February 8, 2008, before Chief U.S. District Judge Donald W. Molloy, PATRICK LEGAN, a 36-year-old resident of Missoula, appeared for sentencing. LEGAN was sentenced to a term of:
- Prison: 132 months
- Special Assessment: $200
- Forfeiture: computer equipment
- Supervised Release: life
LEGAN 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:
The Wyoming Internet Crimes Against Children Task Force initiated an undercover operation targeting peer-to-peer file sharing networks offering child pornography. Beginning in July of 2006 and continuing until the end of December 2006, a computer utilizing the IP address assigned to LEGAN at his residence in Missoula had images of child pornography available to other peer-to-peer users.
On March 7, 2007, agents with U.S. Immigration and Customs Enforcement (ICE) executed a search warrant at LEGAN'S residence in Missoula. Found during the search were numerous items of computer hardware, software and storage devices mostly belonging to LEGAN. The items seized during the search warrant were forwarded to the ICE computer forensics lab in Boise, Idaho for analysis. That analysis revealed numerous image files LEGAN knowingly received and continued to possess via the Internet.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LEGAN will likely serve all of the time imposed by the court. In the federal system, LEGAN 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 Wyoming Internet Crimes Against Children Task Force and 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/.
