PORTLAND — A Lewiston man was sentenced Tuesday to 10 years in federal prison for having child pornography.
Mark A. Burns Maine Sex Offender Registry photo
U.S. District Court Chief Judge Jon D. Levy also sentenced Mark A. Burns, 61, to eight years of supervised release after he is freed from prison.
On April 3, 2023, a Maine State Police Computer Crimes Unit special agent learned that someone shared pornography involving a 4- to 6-year-old child, according to prosecutors.
Three days later, the agent and the Maine Attorney General’s Office subpoenaed the internet provider for information about the identity of the person who shared that pornographic image. Roughly one week later, the provider responded with the sharer’s personal information.
Investigators learned that Burns had been convicted in 2016 in Androscoggin County of possessing sexually explicit material involving a child under the age of 12.
Maine police referred the case to Homeland Security Investigations, whose agents executed a search warrant on April 25, 2023, at Burns’ apartment.
Burns was home at the time and agreed to be interviewed, prosecutors said.
He admitted that he had downloaded child pornography using a file-sharing program and said that the application was on a computer tablet in his apartment.
Burns denied ever having touched any children and said that he “always kept it with the computer.”
He told that agents that “it was a sickness” and that he did not “want it to continue,” prosecutors said.
Agents recovered the tablet, which contained more than 700 video files depicting girls and boys with ages ranging from infants to young teens engaged in sexually explicit conduct, prosecutors said.
Agents also found more than 2,400 images that depicted similarly aged girls and boys engaged in sexually explicit conduct, according to prosecutors.
Burns was arrested June 29, 2023, and pleaded guilty on Aug. 28, 2023, to the felony crime of possession of child pornography.
He faced a sentence of 10-20 years in prison.
Assistant U.S. Attorney Sheila W. Sawyer and defense attorney David Beneman told Levy on Tuesday that the minimum mandatory sentence was appropriate.
In addition to his prison time, Burns was ordered to pay $58,000 in restitution to the victims shown in the images and videos.
Beneman said his client was raised in a strict religious household and had been sexually abused by a relative.
Burns’ father was physically abusive, Beneman said in court documents.
In 2016, Burns’ wife of 23 years died from complications related to diabetes and a broken leg.
Burns has been isolated and lonely since her passing, Beneman said. Burns works as an overnight baker and has no assets, health insurance nor any savings.
Levy directed the Bureau of Prisons to find a placement for Burns that includes the medical facilities to repair Burns’ hernia as well as sex offender treatment.
During Burns’ supervised release, his probation officer may search him or his possessions if suspected of violating the terms of his release.
Burns must comply with the requirements of the Computer and Internet Monitoring Program, which can include internet and device restrictions.
He must participate in sex offense-specific assessment and treatment and must register as a sex offender.
Burns may not associate nor have any communication with anyone under 18, except in the presence of a responsible adult who has been approved by the probation officer.
He will be prohibited from going to any place where he knows children under the age of 18 are likely to be, including parks, schools, playgrounds, and child care facilities.
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