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Date: 12-17-2021
Case Style:
Case Number: 1:19-cr-00073-FPG-MJR
Judge: Frank P. Geraci, Jr.
Court: United States District Court for the Western District of New York (Erie County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Buffalo, New York criminal defense attorney represented defendant charged with production of child pornography.
Timothy Myers, 37, of Freehold, NJ, was charged for production of child pornography and cyberstalking.
Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that between December 2016 and August 2017, Myers, using the names “CJ Mikowski” and “Colin James,” communicated via Facebook with five minor girls, who ranged in age from 13-16 years old and lived in the Western District of New York. Myers, who pretended to be a boy close in age to the minor girls, coerced or attempted to coerce, each of the minor girls into sending sexually explicit visual depictions of themselves. Myers also transported one victim from New York State to New Jersey and engaged in sexual intercourse with her, and distributed sexually explicit images of the victim over Facebook.
Between March and August 2017, Myers, while residing in New Jersey, contacted four of the victims, made the victims believe that he was in a relationship with them and requested that they produce additional sexually explicit images of themselves. Myers told the victims that if they did not send him these images, he would distribute previously sent images of the victims. This caused the victims to suffer substantial emotional distress as a result of repeated and sustained harassment.
The sentencing is the result of an investigation by New York State Police, under the direction of Major James Hall, and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.
18:2251.F and 18:2251(e) SEXUAL EXPLOITATION OF CHILDREN
(4)
18:2261.F and 18:2261(b)(5) INTERSTATE DOMESTIC VIOLENCE
(28)
Outcome: Defendant is sentenced to the custody of the Bureau of Prisons for a term of 240 months on Count 4 and 60 months on Court 28 to run concurrent. Upon release from imprisonment, defendant shall be placed on supervised release for a term of 15 years on Count 4 and 3 years on Count 28 to run concurrent. The Court imposes the standard conditions of release and the following additional conditions; defendant shall participate in drug and alcohol evaluation/treatment and mental health evaluation/treatment, defendant shall participate in a sex offense specific treatment program, shall have no contact with children under the age of 18, excluding biological or adopted children, shall register under the sex offender registry wherever he may reside, work, or attend school, shall submit to polygraph testing to the extent that testing is required by treatment and to submit to periodic polygraph testing, shall comply with the collection of a DNA sample and shall submit to a search condition. Due to defendant's indigence, the Court will not impose the $5,000 assessment under the Justice for Victims of Trafficking Act. The Court imposes no fine or restitution. The Court orders a $100 special assessment fee on each Count for a total of $200.
Plaintiff's Experts:
Defendant's Experts:
Comments: