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Kenneth L. Durbin, Distributing Visual Depiction of Minor Engaged in Sexually Explicit Conduct, Ohio 2011

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Cuyahoga Falls Man Faces Child Pornography Charge

A 73-year-old man from Cuyahoga Falls, Ohio, is facing a serious accusation after being charged with distributing child pornography.

Kenneth L. Durbin, a resident of Cuyahoga Falls, was charged with distributing a visual depiction of a minor engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

According to the information, Durbin knowingly distributed a computer file containing a visual depiction of a minor engaged in sexually explicit conduct from September 1, 2011, to November 1, 2011. The distribution occurred through interstate and foreign commerce by computer.

The information charges that Durbin knowingly distributed this material, which is a federal crime. If convicted, the sentence will be determined by the court after considering the Federal Sentencing Guidelines.

The guidelines take into account several factors, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the unique characteristics of the violation. While the sentence will not exceed the statutory maximum, it will likely be less in most cases.

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The investigation was led by the Canton office of the Federal Bureau of Investigation.

An information is only a charge and is not evidence of guilt. Durbin is entitled to a fair trial, and it will be the government’s burden to prove guilt beyond a reasonable doubt.

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