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United States v. Davila

United States District Court, D. Nevada

April 11, 2019

United States of America, Plaintiff,
v.
Gilbert Davila, Jr., Defendant.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 23

          JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         Findings of Fact

         1. I find the testimony of Scott Miller to be credible.

         2. On or about August 26, 2017, the National Center for Missing and Exploited Children (NCMEC) received a report from Google, Inc. in reference to a possible transmission of child pornography. Google, Inc. reported the user uploaded one image of child sexual exploitation. Google, Inc. provided the following information regarding the user:

Email Address: Ricalivad66@gmail.com Name: Ric Alivad Phone: ힽ㛷纴흾 (Mobile) Uploading IP Address: 2600:8801:2187:4b00:e002:8dc:b9f6:8d9e Date of Incident: August 24, 2017, at 16:31:33 UTC

         3. This incident was documented under NCMEC CyberTip #23619360 and forwarded on September 5, 2017, to the Las Vegas Metropolitan Police Department for follow up investigation. Internet Crimes Against Children (ICAC) Task Force Officer (TFO) Scott Miller viewed the one uploaded image:

File Name: 1503580858295858544180.jpg SHA1: VLSSQOMHR3M5GOFP6UD3YQTUXHBEJC3M Image Description: This image depicts a nude pre-pubescent female child, approximately 5 to 7 years of age, leaning back in a body of water. The child is smiling and exposing her bare breasts and vagina. The child has a diminutive stature and lacks fatty deposits, breast development, and pubic hair development.

         4. On or about October 31, 2017, NCMEC received a report from Google, Inc. in reference to a possible transmission of child pornography. Google, Inc. reported the user uploaded one image of child sexual exploitation. Google, Inc. provided the following information regarding the user:

Email Address: Ricalivad66@gmail.com Name: Ric Alivad Phone: ힽ㛷纴흾 (Mobile) Uploading IP Address: 2600:8801:2187:4b00:18d9:12a2:c7e2:a5d2 Date of Incident: October 19, 2017, at 01:48:01 UTC

         5. This report was documented under NCMEC CyberTip #25229442 and forwarded on November 11, 2017 to the Las Vegas Metropolitan Police Department for follow up investigation. TFO Miller viewed the one uploaded image:

File Name: 15083741516582104624824.jpg SHA1: 7FYYTQZW434GMALRINFVEXMES4BJ2IMB Image Description: This image depicts a nude pre-pubescent female child, approximately 6 to 9 years of age, standing in a room. The child is covering her eyes with her hands and seen wearing bright lipstick. The child is exposing her bare vagina and has her bare breasts partially covered by her long brown hair. The child is smiling and exposing her bare breasts and vagina. Another nude female is seen behind her, exposing her breasts and looking up at the child. The child has a diminutive stature and lacks fatty deposits, breast development, and pubic hair development.

         6. On November 21, 2017, TFO Miller served a search warrant on Google, Inc. referencing email address: ricalivad66@gmail.com, for further evidence of child pornography and any subscriber information related to the email account.

         7. On January 02, 2018, Google, Inc. responded to the search warrant. TFO Miller viewed the return from Google, Inc. and discovered an additional 600 images of child sexual exploitation and child sexual abuse material, which had been uploaded and were all child pornographic in nature. There were also hundreds more images of child exploitative/age difficult images recovered. Images of Gilbert Davila, Jr. were also recovered, along with images of his Ford Flex vehicle that is registered to him. TFO Miller viewed the 600 uploaded images and deemed all 600 images to be child pornographic in nature.

a. I have viewed three of these images of child pornography. Each of these images depicts a minor under the age of eight years old engaged in sexually explicit conduct.
i. One image depicts a completely nude female child under the age of 12 bound with yellow ropes. This is a known, identified victim. This photograph was produced outside the State of Nevada.
ii. Two images depict female toddlers nude from the waist down, both under the age of 3. One of the images depicts a phallic object inserted into the child's vagina. This child has a pacifier in her mouth. The other image depicts an ...

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