FOR IMMEDIATE RELEASE
Thursday, December 11, 2008
JOHN WILLIAM HOY SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on December 11, 2008, before U.S. District Judge Donald W. Molloy, JOHN WILLIAM HOY, a resident of Trout Creek, appeared for sentencing. HOY was sentenced to a term of:
- Prison: 97 months
- Special Assessment: $100
- Supervised Release: life
HOY was sentenced in connection with his guilty plea to receipt of child pornography.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
In April of 2006, the U.S. Immigration and Customs Enforcement (ICE) Cyber Crimes Center initiated an investigation into a criminal organization operating numerous commercial child pornography websites on the Internet. The investigation, known as Operation Flicker, has identified thousands of people in the United States who have subscribed to various child pornography websites operated by this organization. In May of 2007, ICE in Great Falls received information that a Trout Creek resident, HOY, was among the subscribers identified. HOY had purchased access to commercial child pornography websites on two different occasions.
A search warrant was obtained to search HOY'S residence. Agents seized various items of evidence including computers and digital storage media. A subsequent forensic analysis of HOY'S computer revealed thousands of child pornography movies and images, many of known children and including children clearly prepubescent or under the age of 12 engaged in sadistic or masochistic activity or other depictions of violence. Also found was a history of Internet browsing for child pornography, links to various child pornography websites and evidence confirming HOY'S purchase of access to the commercial child pornography websites.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HOY will likely serve all of the time imposed by the court. In the federal system, HOY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
The investigation was conducted by the U.S. Immigration and Customs Enforcement.
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/.
