FARGO - A man accused of receiving and distributing child pornography says he will plead guilty to one of the charges, but attorneys are still arguing over a sentence.
Faun Durni of Ellendale is charged with three felony counts, including the distribution, receipt and possession of child pornography. He has pleaded not guilty.
Defense attorney Lawrence Kopp, of Jamestown, filed a notice Wednesday that Durni will plead guilty to one count of receipt of materials involving the sexual exploitation of minors. The other two counts would be dropped under the plea deal.
The possible sentence "is the open question," U.S. Attorney Drew Wrigley said Wednesday. Durni faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years.
"We've agreed to disagree about some things," Wrigley said. "We will be arguing from our perspective about the appropriate sentence."
Kopp declined to comment. No date has been set for a hearing.
Authorities said images of minors engaged in sexually explicit conduct were received by Durni between May and October 2007. He allegedly distributed the images in September 2007.
Durni originally was charged in Dickey County with dissemination of obscene materials and possession of certain prohibited material. Those charges are dropped when it became a federal case.
Wrigley would not be specific about his arguments for sentencing, but said they would include the content of photographs.
"We look forward to presenting the court with all the relevant information about his conduct," Wrigley said.
Posted in State-and-regional on Wednesday, May 28, 2008 7:00 pm Updated: 2:23 pm.
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