The United States Attorney's Office announced that during a federal court session in Billings, on Jan. 31, 2013, before Chief U.S. District Judge Richard F. Cebull, JUSTIN LANE FLOR, a 35-year-old resident of Miles City, appeared for sentencing. FLOR was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Forfeiture: cell phone
Supervised Release: 10 years
FLOR was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
In January 2012, law enforcement personnel in Miles City received a report that FLOR (then age 35) was believed to be involved in a sexual relationship with a 14-year-old girl. The investigation revealed that FLOR had provided the girl with drug paraphernalia and the two had smoked marijuana together and had repeatedly engaged in sexual activities at FLOR's residence in Miles City. FLOR's cellular telephone was seized as part of the investigation, and forensic examination revealed the presence of three child pornography movies that were saved in a directory on the phone. The movies had been downloaded from the Internet and saved. The movies depicted children engaged in sexually explicit conduct and their nature was readily apparent. FLOR possessed the three movies on his cell phone and they were mailed, shipped or transported in interstate commerce or produced using material that traveled in interstate commerce.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FLOR will likely serve all of the time imposed by the court. In the federal system, FLOR does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Miles City Police Department and the Federal Bureau of Investigation.
Source: U.S. Department of Justice, Office of the United States Attorneys
