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Department of Justice Press Release
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For Immediate Release
October 7, 2009
United States Attorney's Office
District of Montana
Contact: (406) 657-6101

Cory Daniel Martinez Pleads Guilty in U.S. Federal Court

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula on October 6, 2009, before U.S. Magistrate Judge Jeremiah C. Lynch, CORY DANIEL MARTINEZ, a 26-year-old resident of Dillon, pled guilty to receipt of child pornography. Sentencing is set for January 21, 2010. He is currently released on special conditions.

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. MARTINEZ faces possible penalties of a mandatory minimum of five years in prison and could be sentenced to 20 years, a $250,000 fine and lifetime supervision.

The investigation was a cooperative effort between the Federal Bureau of Investigation and the Montana Division of Criminal Investigation.