Marc Nunez made an initial appearance today in federal court on a criminal complaint for possession of child pornography, announced David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. Nunez made his initial appearance before U.S. Magistrate Judge Laurel Beeler.
According to the complaint filed December 1, 2020, and unsealed today, on August 27, 2019, agents from HSI served a federal search warrant at a residence in San Francisco and seized, among other things, a cell phone containing communications between the person whose residence was being searched and Nunez. As the investigation proceeded, federal agents uncovered additional evidence that Nunez was a substitute teacher, after school helper, and kindergarten assistant at a private elementary school for boys in San Francisco. In addition, federal investigators discovered Nunez corresponded with several individuals with whom he traded sexually explicit files of children. The complaint further describes cell phone messages and Skype messages in which Nunez received and discussed pornographic images of minors. Nunez believed that at least one of the persons with whom he was corresponding was a minor.
Nunez is charged with possession of child pornography, in violation of 18 U.S.C. §§ 2252(a)(4)(B) and (b)(2).
The charges contained in the criminal complaint are mere allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.
If convicted of the charge, Nunez faces a maximum statutory sentence of 10 years in prison, 3 years’ supervised release, and a $250,000 fine.
Magistrate Judge Laurel Beeler ordered Nunez released on a $50,000. Nunez’s next court appearance is scheduled for December 15, 2020, before Judge Beeler, for a bond hearing.
Assistant U.S. Attorney Ankur Shingal is prosecuting the case with the assistance of Alexa Leisure. The prosecution is the result of an investigation by the HSI with assistance from the San Francisco Police Department, the office of the Contra Costa District Attorney, and the United States Secret Service.