PHOENIX—A federal grand jury in Phoenix has returned a five-count indictment against Dr. Emilio Luna, 40, of Sun City, Arizona for distributing child pornography in interstate commerce.
“We will continue to work with our law enforcement partners to deny predators a safe haven in cyber space,” said U.S. Attorney Dennis K. Burke.
Dr. Luna, a Phoenix pediatrician, came to the attention of law enforcement when thousands of files of suspected child pornography were shared from his computer in a public peer-to-peer file sharing system. He was arrested last Wednesday, September 1 by federal agents. Following a detention hearing last week, he was released by order of the court, and is forbidden to have access to the Internet or children while under supervision of U.S. Pre-Trial Services.
A conviction for distributing child pornography carries a mandatory minimum of five years and a maximum penalty of 20 years in prison, a $250,000 fine or both for each count of conviction. In determining an actual sentence, Judge Mary H. Murguia will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The prosecution is being handled by Sharon K. Sexton and Brian E. Kasprzyk, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-10-01305
RELEASE NUMBER: 2009-203(Luna)
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