Eagle Passan Marco Antonio Cervantes indicted for child pornograghy by Feds

By: Jose G. Landa©

Eagle Passan Marco Antonio Cervantes, age 23, was indicted by a federal grand jury from the United States District Court for the Western District of Texas, Del Rio Division, on two counts of possession of child pornography and distribution of child pornography on Wednesday, December 5, 2012, in Del Rio, Texas.

Count One of the federal criminal indictment alleges that Marco Antonio Cervantes on or about December 22, 2011, knowingly possess material that contained images of child pornography that had been mailed, shipped, and transported in interstate and foreign commerce by computer in violation of federal law.

Count Two alleges that Marco Antonio Cervantes on or about December 22, 2011, knowingly received and distributed material that contained images of child pornography that had been mailed, shipped, and distributed in interstate and foreign commerce by computer in violation of federal law.

Cervantes had his initial court appearance hearing on Thursday, December 6, 2012, before United States Magistrate Judge Victor Roberto Gatcia of the Western District of Texas in Del Rio, Texas.

The United States of America is also seeking forfeiture of certain specific property such as computers and computer hard drives owned or in possession of Cervantes as a result of these alleged criminal violations.

If convicted of the allegations in the federal criminal indictment, Cervantes faces on Count One up to 10 years imprisonment, a $250,000 fine, lifetime supervised release, and a $100 special assessment and on Count Two faces up to 20 years imprisonment, a $250,000 fine, lifetime supervised release, and a $100 special assessment plus the forfeiture of certain specific property.

An indictment is merely a charge and should not be considered as evidence of guilt. A defendant is presumed innocent until proven guilty in a court of law.