BUFFALO — An Olean man pleaded guilty to a child pornongraphy charge while on probation for a similar charge.
U.S. Attorney Trini E. Ross announced Wednesday that James Arthur Morey, 48, of Olean, pleaded guilty Monday before U.S. District Judge Richard Arcara to access with intent to view child pornography.
According to the criminal complaint sworn against Morey, on May 8, 2019, during a visit from a federal probation officer, two internet-capable devices were seen by the officer. Morey was not authorized to possess them under the terms of his probation. The devices — a laptop computer and a smartphone — were seized and handed over to the FBI for investigation.
The complaint states Morey told authorities he used the laptop to access free WiFi hotspots and search for child pornography.
At least four images were detailed in the complaint as having been found in the computer’s web browser cache file, as well as search terms recovered by the FBI to search for child pornography.
The charge carries a sentence of 10 to 20 years in federal prison and a fine of up to $250,000. According to a plea agreement filed Monday, the defendant and prosecutors agreed federal sentencing guidelines would typically range between 120 to 135 months in prison, but prosecutors recommend the mandatory minimum of 120 months, a fine of $25,000 to $250,000, and supervised release of five years to life.
Prosecutors said Morey was on supervised release following two convictions. He was convicted on a state sexual abuse charge in 1999 involving a minor, they reported. In March 2010, he pleaded guilty to federal child pornography possession. He was sentenced to 132 months in federal prison and lifetime supervised release in connection to that charge. Morey was released in November 2017, according to a Federal Bureau of Prisons database, and was subject to lifetime supervised release for that charge.