On November 12, 2008, a federal grand jury returned a criminal indictment charging BURGESS.
According to the investigation, on March 30, 2005, a search warrant was executed at the BURGESS’ residence. It was learned that earlier in the month BURGESS had sent three photos, via the Internet, of prepubescent females engaged in sexual acts. During the search, a desktop and a laptop computer were seized. Additionally, four pictures of child pornography were recovered from BURGESS’ computer, which had been downloaded from the Internet.
Because of prior federal convictions in 2000 involving child pornography, at sentencing, scheduled for April 16, 2012, BURGESS faces from 15 to 40 years’ imprisonment followed by up to a life term of supervised release and a fine of up to $250,000.
Investigation of this case was conducted by the Federal Bureau of Investigation, the United States Postal Inspection Service, the North Carolina State Bureau of Investigation, and the Raleigh Police Department. Assistant United States Attorney Ethan Ontjes is serving as prosecutor for the government.
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