UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

18 U.S.C. j 2252(a)(4)(B) & (b)(2)

18 U.S.C. j 2253

UNITED STATES OF AM ERICA,

V.

RUSSELL HUDSON CULLEN,

Defendant.

INDICTM ENT

The Grand Jury charges that:

CO UNTS 1-2

On or about M arch 15, 2016, in M onroe County, in the Southern Distlict of Florida, the

defendant,

RUSSELL H UDSON CULLEN,

did knowingly possess m atter, as set forth in each count below, which contained any visual

depiction that had been shipped and transported using any means and facility of interstate and

foreign comm erce, and in and affecting interstate and foreign comm erce, and which was

produced using m aterials which have been so shipped and transported, by any m eans, including

by computer, and the production of such visual depiction having involved the use of a m inor

engaged in sexually explicit conduct, as defined in Title 18, United States Code, Section 225642),

and such visual depiction was of such conduct:

16-10043-CR-MOORE/MCALILEY

Nov 18, 2016

TBCase 4:16-cr-10043-KMM Document 1 Entered on FLSD Docket 11/21/2016 Page 1 of 5

Count M atter

1 Asus Laptop, SN : 13GN PO1AM 020-1-1272-00B7

2 Lacie External Hard Drive, SN : 1 103612056154C3P3U2F

ln violation of Title 18, United States Code, Section 2252(a)(4)(B) and (b)(2).

Pursuant to Title l 8, United States Code, Section 2252(b)(2), it is further alleged that

such visual depiction involved a prepubescent minor and a minor who had not attained twelve

years of age.

FORFEITURE ALLEGATIONS

The allegations of this Indictm ent are re-alleged and by this reference fully

incorporated herein for the pup ose of alleging forfeiture to the United States of Am erica of

certain property in which the defendant, RUSSELL H UDSON CULLEN, has an interest.

Upon conviction of a violation of Title 18, United States Code, Section 2252, as

alleged in this lndictm ent, the defendant shall forfeit the following property to the United States

pursuant to Title 18, United States Code, Section 2253:

any visual depiction of a m inor engaged in sexually explicit conduct, and

any book, m agazine, periodical, film , videotape, or other matter that contains any such visual

depiction, which was produced, transported, mailed, shipped or received in violation of Chapter

1 10 of Title 18, United States Code;

b. any property, real or personal, constituting or traceable to gross profits or

other proceeds which the defendant obtained from such violation; and

any property, real or personal, used or intended to be used to comm it or to

prom ote the com mission of such violation and any property traceable to such property.

2

Case 4:16-cr-10043-KMM Document 1 Entered on FLSD Docket 11/21/2016 Page 2 of 5

The propel'ty that is subject to forfeiture includes, but is not limited to, the

following'.

One (1) Asus laptop, Model:UX32A, SN: 13GNPOlAM020-1-1272-

00B7, seized from the defendant on or about M arch l 5, 2016; and

One (1) Lacie Extelmal Hard Drive, SN: l 103612056154C3P3U217, seized

from the defendant on or about M arch 15, 2016,.

Al1 pursuant to Title 18, United States Code, Section 2253, and the procedures set forth at

Title 21, United States Code, Section 853, as m ade applicable by Title l 8, United States Code,

Section 2253(17).

A TRUE BILL

F EP RSON

h /0-2-W IFREDO A . FERRER

UNITED STATES ATTORNEY

M ATTHE ANGLEY

ASSISTA ITED STATES ATTORNEY

3

Case 4:16-cr-10043-KMM Document 1 Entered on FLSD Docket 11/21/2016 Page 3 of 5

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AM ERICA CASE NO.

RUSSELL HUDSON CULLEN,

Defendant./

Court Division: (select one)

Superseding Case lnform ation:

New Defendantts) Yes NoNumber of New DefendantsTotal number of countsM iami X Key W est

FTL W PB FTP

l do hereby certify that:

I have carefully considered the allegations qf the indictmsnt, the number of defendants, the number ofprobable witnesses and the legal complexitles of the Indlctment/lnformation attached hereto.

1 am alvare that the information s pu plied on this statement will be relied upon by the Judges of thisd scheduling criminal trlals under the mandate of the Speedy TrialCourt ln setting their calendars an

Act, Title 28 U.S.C. Section 3 161.

lqterpreter: (Yes qr No)Llst language ancl/or dlalect

This case will take 2-3

N o

days for the palties to try.

Please check appropriate category and type of offense listed below:

(Check only one) (Check only one)

l 0 to 5 days11 6 to 10 days1lI 1 1 to 20 daysIV 2 1 to 60 daysV 6 l days and over

X PettyM inorM isdem.Felony X

.6 Has this case been previously tiled in this District Court? (Yes or No) NoIf yes:Judge: Case No.(Attach copy pf dispositive ordel)Has a complalnt been filed in thls matter'? (Yes or No) Nolf yes:M agistrate Case No.Related M iscellaneous numbers:Defendantts) in federal custody as ofDefendantts) in state cpstody as ofRule 20 from the Distrlct ofls this a potential death penalty case? (Yes or No) No

Does this case originate from a matter pending in the Northern Region of the U.S. Attorney's Officeprior to October 14, 2003? Yes No x

Dpes this case originate from a matter pending in the Central Region of the U.S. Attorney's Officeprlor to September 1, 20077 Yes No x

M A TTHEW A L EYASSISTANT UN STATES ATTORNEYFLORD A BAR . 97331

*penalty Sheetts) attached

Case 4:16-cr-10043-KMM Document 1 Entered on FLSD Docket 11/21/2016 Page 4 of 5

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

PENALTY SH EET

Defendant's Nam e: RUSSELL H UDSON CULLEN

Case No:

Counts #: l -2

Possession of Child Pornography

Title 18, United States Code, Section 2252(a)(4)(B) and (b)(2)

*M ax. Penalty: 20 Years' Imprisonment

WRefers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole terms, or forfeitures that m ay be applicable.

Case 4:16-cr-10043-KMM Document 1 Entered on FLSD Docket 11/21/2016 Page 5 of 5