Date: 10-16-2020

Case Style:

Case Number: 4:19-cr-03126-RGK-CRZ

Judge: Richard G. Kopf

Court: United States District Court for the District of Nebraska

Plaintiff's Attorney: United States District Attorney’s Office, Lincoln, Nebraska

Defendant's Attorney:

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Description: Lincoln, Nebraska production of child pornography criminal defense lawyer represented Titus Miller, age 27, who was charged with five counts of production of child pornography.

On October 21, 2019, Special Agents in the Knoxville, Tennessee Field Office of the Federal Bureau of Investigation (FBI) executed a search warrant and arrested a subject in Alabama. The subject disclosed information that he had been exchanging images and videos of child pornography with an individual, later identified as Titus Miller, via an internet based messaging application called Telegram, a means and facility of interstate and foreign commerce. Agents were provided access to the Alabama subject’s phone and Telegram account. Upon reviewing chats within Telegram, agents saw that on October 15, 2019, Miller transmitted a video to the Alabama subject depicting Miller engaging in sexually explicit conduct on a minor male victim under the age of 10. This video was later recovered from Miller’s phone during the course of a search warrant by the FBI and Lincoln Police Department on October 22, 2019, at Miller’s residence in Lincoln, Nebraska.

While accessing the Alabama subject’s account, agents were able to covertly act as the Alabama subject and began communicating with Miller. On October 22, 2019, Miller sent the undercover FBI agent four videos depicting juvenile males under the age of 12 engaging in sexually explicit conduct. These videos were also recovered from Miller’s phone during the course of a search warrant by the FBI and Lincoln Police Department on October 22, 2019, at Miller’s residence in Lincoln, Nebraska.

Investigation determined that from August 20, 2019 through October 15, 2019, Miller worked at Playful Painters Daycare, located in Lincoln, Nebraska. Miller worked the nighttime shift and had a supervisory role at the daycare. The videos were produced at the daycare while Miller had custody, care and supervisory control over the minor victims. Each video was produced using a Samsung Galaxy S9 smart phone and stored on a SanDisk media storage card. All of the videos were also stored in the Telegram internet based messaging application.

Miller previously pled guilty to the five counts of production of child pornography on July 15, 2020. Each count concerned a minor victim ranging in age from 4 – 6.

After today’s sentencing Acting Special Agent in Charge Paula Ebersole said, “The 100 year sentence guarantees Titus Miller will spend the rest of his life in Federal prison. He will no longer be able to hurt or victimize children again. FBI Omaha will continue to work shoulder to shoulder with our law enforcement partners, to bring to justice those who prey on the most vulnerable members of our communities.”

United States Attorney Kelly expressed “Today’s sentence of 100 years is the highest imposed in the District of Nebraska for the manufacture of child pornography. Miller’s actions were reprehensible, unspeakable, and carefully planned for his own gratification and that of others who find their satisfaction in the exploitation of defenseless children. One hundred years, although significant does not erase the damage done to the young children. Our thoughts and sympathy are with their families.”

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Federal Bureau of Investigation and Lincoln Police Department.

18:2251(a) PRODUCTION OF CHILD PORNOGRAPHY
(1-5)

Outcome: 10/15/2020 58 TEXT MINUTE ENTRY for sentencing proceedings held before Senior Judge Richard G. Kopf in Lincoln on 10/15/20 as to defendant Titus J. Miller. The plea agreement is accepted. The Court adopts the presentence investigation report. On a plea of guilty to Counts I, II, III, IV, and V of the Indictment, defendant is sentenced to the custody of the Bureau of Prisons for a term of 240 months on each count I, II, III, IV, and V all counts to be served consecutive to one another for a total of 100 years, followed by a lifetime term of supervised release with special conditions on counts I, II, III, IV and V; $50,000 AVAA assessment; and a $500 special assessment. The JVTA assessment is waived. Counts VI and VII are dismissed by the Government. Defendant is remanded to the custody of the U.S. Marshal. Appearance for Plaintiff: Steven A. Russell and Tessie L. Smith; Defendant: David R. Stickman, FPD; Probation Officer: Craig Ford for Travis Wilcoxen; Courtroom Deputy: Lindsey Olson; Court Reporter: digital; Time Start: 12:08 p.m. Time Stop: 1:15 p.m. Time in Court: 1 Hour and 7 Minutes (LKO) (Entered: 10/15/2020)
10/15/2020 59 RESTRICTED AUDIO FILE (16.0 MB) as to defendant Titus J. Miller regarding Sentencing 58 held on October 15, 2020 at 12:08 PM before Senior Judge Richard G. Kopf. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(e). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (LKO) (Entered: 10/15/2020)
10/15/2020 60 NOTICE OF RIGHT TO APPEAL in criminal cases and counsel's acknowledgment and receipt of the 8th Circuit's Rule 27C by Attorney David R. Stickman as to defendant Titus J. Miller. (LKO) (Entered: 10/15/2020)

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