United States of America v. David Allen Kiper

Franklin, Kentucky criminal law lawyer represented Defendant charged with production of child sexual abuse material.



on March 31, 2021, law enforcement received a referral from the Australian Federal Police, in reference to a subject posting on a Russian website associated with the sexual exploitation of children. In an interview, David Allen Kiper, age 34, admitted to using the Russian website to download sexually explicit images of children from the internet. Kiper further admitted that he had multiple sexually explicit images of children on his phone and to having a sexual interest in children. Kiper also admitted to producing a video of himself sexually abusing a three-year old minor.



Kiper pleaded guilty in August 2022.



Under federal law, Kiper must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for life.



Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jerry Templet, Special Agent in Charge, Department of Homeland Security - Homeland Security Investigations; and Col. Phillip Burnett, Commissioner, Kentucky State Police, jointly announced the sentence.



The investigation was conducted by the Department of Homeland Security - Homeland Security Investigations and KSP. The United States was represented by Assistant U.S. Attorney Erin Roth.



18:2251(a) PRODUCTION OF VISUAL DEPICTIONS INVOLVING MINOR ENGAGED IN SEXUALLY EXPLICIT CONDUCT

(1)

18:2251(a) PRODUCTION OF VISUAL DEPICTIONS INVOLVING MINOR ENGAGED IN SEXUALLY EXPLICIT CONDUCT

(2)

18:2252 (A)(4)(b) POSSESSION OF MATTER CONTAINING VISUAL DEPICTIONS OF MINORS

(3)

Defendant was sentenced to 276 months in prison.11/08/2022 ORAL MOTION by USA to Dismiss Counts 2 & 3. Motions referred to Matthew A. Stinnett. (MJY) (Entered: 11/08/2022)

11/08/2022 ORAL MOTION by USA for for 3E1.1 Third Level Reduction for acceptance of responsibility. Motions referred to Matthew A. Stinnett. (MJY) (Entered: 11/08/2022)

11/08/2022 33 MINUTE ENTRY FOR SENTENCING as to David Allen Kiper held on 11/8/2022, before Judge Gregory F. VanTatenhove: Court confirmed that both parties received the PSR & had sufficient time to go through the PSR. US Motion to Dismiss Counts 2 & 3 is GRANTED. Court GRANTS the US' oral motion for the § 3E1.1 Third Level Reduction for acceptance of responsibility. Court heard statements & arguments as to the proper sentence, & Dft allocuted. Court orally announced the sentence & will issue a separate Jgm. No Objs to PSR; Court ADOPTS PSR prepared by USPO as findings. Court FINDS recommended sentence has been correctly calculated; Transcript deemed as written findings of Court; Court Advice of Right to Appeal provided to dft; JGM shall be entered; Dft remanded to custody of USM. Brandi Lewis appeared as APPOINTED CJA counsel of record. (Court Reporter Sandy Wilder.) Signed by Gregory F. Van Tatenhove. (MJY)cc: COR,USM,USP (Entered: 11/08/2022)

11/08/2022 34 Court Advice Re: Appeal by David Allen Kiper. (MJY) (Entered: 11/08/2022)