February 3, 2015

Denver Man Indicted for the Receipt and Possession of Child Pornography Ordered Held in Custody Without Bond

DENVER—Shawn Cheever, age 44, of Denver, Colorado, was ordered detained without bond today by U.S. Magistrate Judge Kathleen M. Tafoya, U.S. Attorney John Walsh and FBI Denver Division Special Agent in Charge Thomas Ravenelle announced. The detention order came today following a hearing where at its conclusion Magistrate Judge Tafoya found that the defendant was a danger to the community and a risk of flight.

Cheever was indicted by a federal grand jury in Denver on January 27, 2015. He was arrested by special agents with the FBI soon thereafter. He then made his initial appearance on January 29, 2015, where he was advised of his rights and the charges pending against him. In addition to today’s detention hearing, Cheever was arraigned, where he entered a pro-forma not guilty plea.

According to the indictment, count one alleges that on October 28, 2014, the defendant knowingly received child pornography via his computer. Count two alleges that on January 6, 2015, the defendant knowingly possessed any computer disk or other material that contained child pornography.

During today’s detention hearing, Assistant U.S. Attorney (AUSA) Colleen Covell argued that Cheever should be held without bond because he was a danger to the community and a risk of flight. To bolster her argument, AUSA Covell told the court that Cheever was a danger to the community because, in part, he was a registered sex offender due to a prior conviction in a child pornography case. Further, the defendant had 23 prior convictions (11 of which were felonies). Arguing the defendant is a risk of flight, Covell told the court that Cheever failed to appear in court 14 times. Finally, the defendant is a documented methamphetamine user.

If convicted of receipt of child pornography, the defendant faces not more than 20 years’ imprisonment, but if there is a similar conviction, the defendant faces not less than 15 years, and up to 40 years in federal prison, as well as up to a $250,000 fine. If convicted of possession of child pornography, the defendant faces not more than 10 years in federal prison, but if there is a similar conviction, the defendant faces not less than 10 years and up to 20 years in federal prison, as well as up to a $250,000 fine.

This case was investigate by the Federal Bureau of Investigation (FBI).

The defendant is being prosecuted by Assistant U.S. Attorney Colleen Covell.

The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.