A North Little Rock man is facing the possibility of spending 15 to 30 years in federal prison after a guilty plea Monday to one count of attempted production of child pornography before U.S. District Judge Kristine G. Baker.
Michael Welch, 37, pleaded guilty to the charge in exchange for the government's agreement to dismiss one count of distribution of child pornography contained in a federal indictment handed up by a grand jury Aug. 7, 2019.
Welch was arrested July 16, 2019, following a 4½-month investigation that resulted from a sting operation conducted by an undercover FBI agent after Welch responded to an online classified advertisement. According to a probable-cause affidavit filed that same day, the advertisement, which used language commonly associated with individuals seeking children for sexual purposes, listed a Kik messenger app username.
The affidavit included transcripted excerpts of seven online conversations between a Kik user who was later identified as Welch and the FBI agent, much of it sexually explicit, which took place between Feb. 27 and June 6, 2019. The conversations included Welch and the undercover officer discussing a possible meeting between the two and a purported 8-year-old daughter of the undercover officer.
The affidavit said the online exchanges between the two culminated June 6, with Welch insisting the officer send him pornographic video of the daughter to prove the exchange was not a setup. Then, the affidavit said, on July 15, 2019 -- the day before Welch was arrested -- the undercover officer received a video depicting an adult male exposing himself to what appeared to be a minor female from the account identified as that belonging to Welch.
When the officer asked the age of the female, the affidavit said, the sender replied, "10."
Assistant U.S. Attorney Kristin Bryant said the elements of the crime included Welch's belief that the minor was younger than 18, that he knowingly attempted to cause the minor to engage in sexually explicit conduct and that he intended to produce a visual depiction of that conduct and to distribute the visual depiction using "any means or facility of interstate or foreign commerce."
In addition to the statutory sentencing range of 15 to 30 years in prison, Bryant said Welch is also subject to a term of supervised release ranging from five years to life, a $250,000 fine, a $100 special assessment and a possible mandatory $5,000 special assessment pursuant to the Justice for Victims of Trafficking Act of 2015.
Bryant said Welch had agreed to a base offense level of 32 with an 8 level enhancement because the offense involved a minor younger than 12, that Welch had knowingly engaged in distribution and because the offense involved use of a computer. Bryant said Welch is eligible for a 2-level reduction for acceptance of responsibility and the determination of a third-level decrease would be made at time of sentencing.
"How do you plead to count one of the indictment?" Baker asked Welch after Bryant's presentation of the plea agreement.
"I plead guilty," Welch said.
"Is that because you are, in fact, guilty?" Baker asked.
"Yes, Your Honor," Welch replied.
After accepting Welch's guilty plea, Baker dismissed the remaining count and directed the U.S. Probation Office to prepare a pre-sentence report to assist in calculation of an appropriate sentence for Welch within the next 90 days.
Because it is a mandatory detention offense Baker ordered Welch -- who has been free on bond since July 19, 2019 -- taken into custody by the U.S. Marshals Service to await sentencing, which will likely be scheduled sometime early next year.