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Federal Prosecutors in Kansas on Track for Record Year in Child Pornography Cases

U.S. Attorney’s Office July 14, 2011
  • District of Kansas (316) 269-6481

KANSAS CITY, KS—Federal prosecutors in Kansas are on track to file a record number of child pornography cases this year, U.S. Attorney Barry Grissom said.

A grand jury in Kansas City Wednesday returned two child pornography indictments. The cases, which were not related, brought the total number of child pornography cases filed in federal court in Kansas so far this year to 19. Last year, federal prosecutors in Kansas filed 36 child pornography cases compared to 20 in 2009.

“The need to safeguard our children from exploitation, abuse, trafficking, sexual violence, and online threats has never been more urgent,” said U.S. Attorney Barry Grissom. “Across the nation, we’re seeing an increase in the amount of child pornography online.”

Indicted today were:

James Fleshman, 21, Gardner, Kan., who is charged with one count of receiving and distributing child pornography, and one count of possessing child pornography, crimes alleged to have occurred in 2007 and 2008.

Marc Dolgenow, 45, Olathe, Kan., who is charged with one count of receiving and distributing child pornography, and one count of possessing child pornography, crimes alleged to have occurred in November 2009 and January 2010 in Johnson County, Kan.

Upon conviction, the crimes carry the following penalties:

Receiving and distributing child pornography: Not less than five years and not more than 20 years in federal prison and a fine up to $250,000.

Possessing child pornography: Not more than 10 years and a fine up to $250,000.

The FBI investigated both cases. Assistant U.S. Attorney Kim Martin is prosecuting.

Other Indictments

A grand jury meeting in Kansas City, Kan., also returned the following indictments:

Brett Marshall Smiley, 30, Emporia, Kan., is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred May 20, 2011, in Johnson County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. United States Attorney Barry Grissom is prosecuting.

Alan Herandez Maldonado, 27, is charged with giving a false name, date of birth, and Social Security number in an application for a passport. The crime is alleged to have occurred Feb. 4, 2009, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The U.S. Department of State investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Gabriel Beltran-Ochoa, 40, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of a felony a deported. He was found March 9, 2010, in Ford County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Immigration and Custom Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Barry Disney is prosecuting.

Ricardo Castillo-Dominguez, 30, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found June 28, 2011, in Reno County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Custom Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Barry Disney is prosecuting.

David Hernandez-Morales, 39, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of a felony and deported. He was found June 24, 2011, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Immigration and Custom Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Barry Disney is prosecuting.

Armando Ibarra-Alcala, 54, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of a felony and deported. He was found March 7, 2011, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Immigration and Custom Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Barry Disney is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

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