David Michael Clements Sentenced in U.S. District Court
| U.S. Attorney’s Office March 15, 2011 |
The United States Attorney's Office announced that during a federal court session in Helena on March 15, 2011, before Senior U.S. District Judge Charles C. Lovell, DAVID MICHAEL CLEMENTS, a 27-year-old resident of Helena, appeared for sentencing. CLEMENTS was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Restitution: $3,000
Supervised Release: 10 years
CLEMENTS was sentenced in connection with his guilty plea to receipt of child pornography.
In an offer of proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
Law enforcement officers were investigating allegations of child pornography access by users utilizing the peer-to-peer file-sharing network. One investigation involved a person in Helena who had child pornography available to share via a file-sharing program. A search warrant was obtained for the residence in Helena and was served on May 18, 2010.
CLEMENTS was one of the occupants of the residence. When questioned, CLEMENTS admitted that he used the peer-to-peer file-sharing program Limewire to receive and possess hundreds of child pornography videos and images. He detailed the search terms he used to find child pornography on Limewire and how he saved it to various computers and other equipment.
Agents seized various computer equipment at CLEMENTS' residence. A subsequent forensic examination revealed hundreds of images and movies of child pornography that CLEMENTS had received via the Internet during 2009 and continued to possess until the equipment was seized. CLEMENTS received images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLEMENTS will likely serve all of the time imposed by the court. In the federal system, CLEMENTS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15 percent of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Helena Police Department, U.S. Homeland Security Investigations, and the Montana Division of Criminal Investigation.