Cory Daniel Martinez Sentenced in U.S. District Court

February 12, 2010 - The United States Attorney’s Office announced that during a federal court session in Missoula, on February 5, 2010, before U.S. District Judge Donald W. Molloy, CORY DANIEL MARTINEZ, a 26-year-old resident of Dillon, appeared for sentencing. MARTINEZ was sentenced to a term of:

• Prison: 24 months
• Special Assessment: $100
• Forfeiture: laptop computer
• Supervised Release: 10 years

MARTINEZ was sentenced in connection with his guilty plea to possession of child pornography.

In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:

On October 21, 2008, law enforcement seized a laptop computer from MARTINEZ’ residence pursuant to a search warrant. The laptop was forensically analyzed and files portraying child pornography were located.

An FBI agent reviewed the images and determined there were 34 files of suspected child pornography (17 images files and 17 video files). The files depicted oral sex between minors, oral sex between an adult and a minor, penetration of a minor by an adult male, minors engaged in acts of masturbation, and minors in lascivious poses. One image depicted child bondage. Approximately 50 percent of the 34 files appeared to depict prepubescent minors.

When interviewed, MARTINEZ admitted to downloading and viewing child pornography. He said he started looking at pornographic images of young girls in July 2005.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that MARTINEZ will likely serve all of the time imposed by the court. In the federal system, MARTINEZ 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 and the Montana Division of Criminal Investigation.

This case was brought as part of Project Safe Childhood. In February 2006, the Department of Justice launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.