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Federal Jury Convicts Man of Two Counts of Child Pornography

U.S. Attorney’s Office August 26, 2011
  • Southern District of California (619) 557-5610

United States Attorney Laura E. Duffy announced that David Michael McElmurry was convicted today after a three-day jury trial before United States District Court Judge John A. Houston. A federal jury returned verdicts convicting McElmurry of one count of distribution of child pornography and one count of possession of child pornography. McElmurry faces a 15-year mandatory minimum sentence.

According to evidence presented at trial, McElmurry used the screen name “Teentrade” on a file-sharing program where he had over 41,000 files of child pornography available for sharing. Among his collection were children as young as infants involved in sexual conduct with adults and other children. The jury also heard testimony about his previous law enforcement contact from 2006, when he stated he was addicted to child pornography, had been viewing it since he was 15 years old, used encryption, and traded files online.

The court scheduled a sentencing hearing on November 28, 2011, at 8:30 a.m.

Case Number: 10CR5096-H

DEFENDANT
David Michael McElmurry

SUMMARY OF CHARGES
Title 18, United States Code, Section 2252(a)(4)(B) (Possession of Images of Minors engaged in Sexually Explicit Conduct)
Title 18, United States Code, Section 2252(a)(2) (Distribution of Images of Minors Engaged in Sexually Explicit Conduct)

Minimum penalty: 15 years’ imprisonment.
Maximum penalties: 40 years’ imprisonment.
Supervised Release: Five years - life.
Mandatory Registration under the Sex Offender Registration and Notification Act

AGENCY
Federal Bureau of Investigation

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