Lincoln Man Sentenced to 14 Years for Possession of Child Pornography

United States Attorney Steven Russell announced that John Wade Burton, 67, of Lincoln, Nebraska, was sentenced today in Lincoln by Senior United States District Court Judge John M. Gerrard to a 14-year term of imprisonment for possession of child pornography. After he completes his prison sentence, Burton will serve a ten-year term of supervised release. There is no parole in the federal system. Burton was also ordered to pay $21,000 in restitution. Burton was convicted following a jury trial which concluded on February 15, 2023.

The Federal Bureau of Investigation (FBI) received a tip from a foreign law enforcement agency that an IP address originating from the United States had accessed a couple of child pornography websites on The Onion Router (TOR) network. The tip traced back to Burton’s residence in Lincoln. The FBI obtained a search warrant for Burton’s home, and the warrant was executed on November 17, 2020. Several electronic devices were seized from the home and later examined by the FBI. Devices found in Burton’s bedroom, basement, and a hard drive located in the garage all contained files depicting child pornography. In total, more than 200 videos, and more than 1,800 images depicting child pornography were discovered. Pictures of the defendant, a copy of his driver’s license, and his resume were also located on a couple of those same devices.

Burton was interviewed by an FBI agent. He said he used a program which is designed to access the TOR network, and which is supposed to avoid leaving evidence on the computer of having accessed the TOR network. The defendant said he used that program to access the TOR network at least 100 times between February 14, 2018, and November 17, 2020.

Burton was previously convicted in Missouri of having sexually assaulted a child who was less than 14 years old. He was sentenced to prison for that offense and was in custody from February 15, 2007, to February 14, 2018. When the search warrant was executed in this case, Burton was on parole for that offense.

At the time his home was searched, Burton lived with his then 89-year-old father. His father passed away on March 5, 2021, after the search warrant was served, and before Burton’s trial. At trial, Burton argued his deceased father was the person who was responsible for having downloaded all the child pornography. At today’s sentencing hearing, Judge Gerrard told Burton, “The jury did not believe you, and neither do I.”

The investigation was conducted by the Federal Bureau of Investigation, with assistance from the Nebraska State Patrol and the Sarpy County Sheriff’s Department. This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.