A 62-year-old illegal alien who lived in the Grand Rapids area faces more than 24 years in prison for creating child pornography videos and collecting videos that depicted the rape of preschool-aged children, federal prosecutors said.
According to a release from Acting U.S. Attorney for the Western District of Michigan Andrew Birge, Jose Montoya would be deported to Mexico after his 292-month sentence. WOOD-TV reported that Montoya pleaded guilty in November.
Prosecutors said Google discovered Montoya’s online collection of child pornography and reported it to the authorities. Michigan State Police and federal authorities, including agents from U.S. Immigration and Customs Enforcement and the Department of Homeland Security’s Homeland Security Investigations, searched his home and devices.
“We will continue to investigate any allegations of child exploitation that endanger our communities,” ICE HSI Detroit acting Special Agent in Charge Jared Murphey said in a release. “We will not tolerate illegal aliens who not only violate our immigration laws, but even more egregiously, also target children for exploitation. We will hold them fully accountable for all their crimes.”
According to prosecutors, investigators discovered that Montoya also produced child pornography videos of pre-school-aged children who were under the care of his wife’s in-home daycare.
At Montoya’s sentencing, the mother of a three-year-old victim expressed disgust at his conduct and anger at the betrayal of trust, the feds said.
The case was part of the nationwide Project Safe Childhood, which is intended to keep children safe from online exploitation and abuse. The project’s partners work to educate communities about online child exploitation and teach children how to protect themselves.
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According to 13 On Your Side, Montoya lived in Comstock Park, which is north of Grand Rapids.
WOOD-TV reported that Michigan State Police arrested Montoya in February 2024. They charged him with several counts, including using a computer to commit a crime, second-degree criminal sexual conduct and “aggravated child sexually abusive activity.”
At the time, 13 On Your Side reported that Montoya faced up to 70 years in prison.
According to news reports and a sentencing memorandum, Montoya pleaded guilty to count two, in which he was charged with sexual exploitation and attempted sexual exploitation of a child, and count five, which charged him with possession of child pornography, of his indictment.
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According to MLive, the exploitation offense, which involved the creation of a cellphone video of a four-year-old in Kent County, allegedly took place between Aug. 4, 2023, and Feb. 15, 2024.
Court records indicate Montoya entered his guilty plea before Western District of Michigan Magistrate Judge Sally J. Berens.
“On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact,” Berens wrote in a report and recommendation.
“I therefore recommend that defendant’s plea of guilty to Counts 2 & 5 of the Indictment be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing,” Berens added. “Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.”
U.S. District Judge Jane M. Beckering approved Berens’ recommendation the following month.