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Date: 10-09-2019

Case Style:

United States of America v. Gilbert Davila, Jr.

Case Number: 2:18-cr-00062-JCM-NJK

Judge: James C. Mahan

Court: United States District Court for the District of Nevada (Clark County)

Plaintiff's Attorney: Elham Roohani, Daniel D. Hollingsworth, James Alexander Blum

Defendant's Attorney:


Call 888-354-4529 if you need help finding a criminal lawyer in Las Vegas, Nevada for a child pornography case.


Description:




Las Vegas, NV - Las Vegas Sex Offender Sentenced To 20 Years In Prison For Possession of Child Pornography

A 56-year-old Las Vegas man convicted of possessing over 600 images of child sexual abuse was sentenced to the statutory maximum of 20 years in federal prison to be followed by a lifetime of supervised release.

Following a one-day bench trial in April 2019, Gilbert Davila Jr. was convicted of one count of possession of child pornography. At the time of the offense, Davila had been previously convicted in California of Unlawful Sexual Intercourse with a Minor and Lewd Acts Upon a Child Under 14.

According to court documents and facts presented during the bench trial, in August and October 2017, the National Center for Missing and Exploited Children (NCMEC) received a report from an online email service provider in reference to possible child pornography uploaded by a user. The report was sent to the Las Vegas Metropolitan Police Department’s Internet Crimes Against Children (ICAC) Task Force, who in turn obtained a search warrant for information regarding the user who had uploaded the child pornography. The search warrant revealed that the user account contained more than 600 images depicting child sexual exploitation and child abuse. A search warrant was also executed at Davila’s home. Davila was interviewed after execution of the warrant and explained that he had been looking at child pornography for approximately four to five years. He also stated that he performed a factory reset on his phone on the way to the interview to delete all images and videos of child pornography saved to his phone, and that he threw the phone battery and SIM card out of the car window.

The case was investigated by the FBI and Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Elham Roohani prosecuted the case.

If you have information regarding possible child sexual exploitation, you are urged to make a report to the National Center for Missing and Exploited Children at www.cybertipline.org.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc.


Charge:


18:2252A(a)(5)(B) and 18:2252A(b)(2) - Possession of Child Pornography

Outcome: 10/04/2019 66 MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Gilbert Davila, Jr. held on 10/4/2019 before Judge James C. Mahan. Crtrm Administrator: NEV; AUSA: Elham Roohani and Bianca Pucci; Def Counsel: Christopher Oram, CJA; USPO: Erica Strome; Court Reporter: Amber McClane; Time of Hearing: 10:04 a.m. - 10:47 a.m.; Courtroom: 6A.

Defendant is present in custody. The Court makes preliminary statements and hears representations from counsel. Defendant addresses the Court. Defendant's certificate of achievement is marked as an exhibit to this hearing as Court Exhibit 1. The Court enters findings on the record and Sentence is imposed as to the single count of the 1 Indictment. Final Order of Forfeiture and sealed restitution list filed in open Court. Restitution to be fully determined at a later hearing. IT IS ORDERED that special condition #4, Search and Seizure, and #9, Computer Search, are revised to omit the second paragraph of #4 and the last two sentences of #9. Copy of conditions of release is provided to Defendant by Probation. Defendant is advised of right to file an appeal. Defendant is remanded to custody.

Restitution Hearing is set for 11/15/2019 at 10:30 AM in LV Courtroom 6A before Judge James C. Mahan. Counsel is directed to submit simultaneous submission as it relates to restitution in this case by 11/1/2019.

(Copies have been distributed pursuant to the NEF - NEV) (Entered: 10/04/2019)
10/04/2019 67 FINAL ORDER OF FORFEITURE as to Gilbert Davila, Jr. Signed by Judge James C. Mahan on 10/4/2019. (Copies have been distributed pursuant to the NEF - JM) (Entered: 10/04/2019)

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