IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION
UNITED STATES OF AMERICA

v. No.3:11-CR-104-K

BUDDY WAYNE ANDERSON
FACTUAL RESUME
Buddy Wayne Anderson (Anderson), the defendant, James Walker. the defendant's
attorney, and the United States of America (the government) agree to the law and facts as
follows:
ELEMENTS OF mE OFFENSE
CountOn!<
Production of Child Pornography
(Violation of 18 U.S.C. 2251 (a))
In order to establish the offense alleged in Count One of the indictment, the
government must prove the following elements beyond a reasonable doubt:
That thc detendant employed, used, persuaded, or coerced a minor to
cngage in sexually explicit conduct for the purpose of producing a
visual depiction of such conduct;
Second: That at the time of the offense, the minor was under the age of
eightcen years; and
lbird: That the visual depiction was produced using materials that had been
mailed, shipped, or transportcd across state lines or in foreign
commerce.
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Count Two
Production of Obscene Visual Representations
of the Sexual Abuse of Children
(Violation of 18 U.S.C. 1466A(a)(l) and 2252A(b)(l
In order to establish the offense alleged in Count Two ofthe indictment, the
government must prove the following elements beyond a reasonable doubt:
First: 'Ihat the defendant knowingly produced a visual dcpiction, of any
kind, that depicts a minor engaging in sexually explicit conduct;
Second: That the visual depiction was produced using materials that had been
mailed, or shipped, or transported in interstate or foreign commerce
by any means, including by computer; and
Third: That the visual depiction is obscene.
Obscene Material (the Miller Test):
Whether the average person, applying contemporary community
standards, would find that the material, taken as a whole, appeals to
the "prurient" interest;
Second: Whether the average person, applying contemporary standards,
would find that the material is depicted or described in a "patently
offensive" manner; and
Whether the material taken as a whole, lacks serious literary, artistic,
political or scientific value.
STIPULATED FACTS
On a date between on or about May 18, 1999 and on or about December 11,2003,
in the Dallas Division ofthe Northern District of Texas, Buddy Wayne Anderson
(Anderson), defendant. did and attempted to knowingly employ, use, persuade, induce,
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entice and coerce Janc Doe, a person under the age of eighteen (18) years, to engage in
sexually cxplicit conduct for the purpose ofproducing visual depictions of such conduct,
which visual depictions were produccd using materials that had been mailed, shipped and
transported in and affecting interstate and foreign commcrce by any means, including by
computer, by taking photographs of Jane Doe, who was then four to eight-years old, with
a Polaroid camera to create visual depictions ofJane Doe engaged in sexually explicit
conduct, as dermed in 18 U.S.C. 2256, including the following described images:
Image 1 A Polaroid photograph depicting Jane
Doe, a nude. female child, wearing only a
bib with her genitals exposed in a lewd
! and lascivious manner. Jane Doe is
leaning against a woman who is wearing
blue and green plaid boxer shorts.
Image 2 A Polaroid lewd and lascivious
photograph depicting Jane Doe, a nude,
prepubescent female child, with her
genitals exposed (close-up). A woman's
arms are seen holding Jane Doe's legs to
support the pose
Image 3 A Polaroid lewd and lascivious
photograph depicting Jane Doc, a nude,
female child, wearing only a bib, with her
genitals exposed. Jane Doe is sitting on a
bed spreading her legs and holding a
photograph. A male leg is seen in the
photograph.
More specifically, defendant, Buddy Wayne Anderson, admits that he, with the
assistance and consent of Sharon Lee Anderson, who was his wite and Jane Doe's
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mother, took photographs (Images 1 through 3) of Jane Doe, who was then only four to
eight years old, that depicted the lewd and lascivious exhibition ofher genitals, in that
Jane Doe's bare vagina and/or anus was exposed in the images, her genitalia was a focal
point of the images, and the images werc intended to elicit a sexual response in the viewer
- including Anderson and his wife. Anderson further admits that his wife, Sharon Lee
Anderson, is the woman depicted in Images 1 and 2, and that his leg is the leg depicted in
Image 3.
Anderson agrees and admits that he took these photographs while he lived at 210
Ranch 2 Road in Ferris, Texas. Anderson acknowledges that the film and camera that he
used to produce the images of Jane Doe in Images I through 3 in the indictment were not
manufactured in the State of Texas, and, thus, moved in and affected interstate commerce.
Anderson also admits that he knowingly and intentionally committed a sexual act on Jane
Doe, as defined by 18 U.S.C. 2246(2), by placing his Hngers in her vagina. Further, as
his step-daughter, Jane Doe lived with Anderson and Sharon Lee Anderson. Anderson,
thcrefore, acknowledges that Jane Doe was otherwise in his custody, care, or control
when he committed the offense.
Further, on or about July 30, 20I 0, in the Dallas Division of the Northern District
of Texas, Anderson did knowingly produce and attempted to produce a video of
photographs of the vi.sual depictions ofthc lewd and lascivious exhibition of the genitals
and pubic area of minor children that was produced using materials that had been mailed,
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shipped and transported in interstate and foreign commerce by any means, including by
computer, and is obscene; by creating a digital slide show on compact disk (CD) of
photographs of nude children that zooms ill and focuses on the gcnital area of the
children depicted in these photographs.
More specifically, Anderson agrees and admits that on July 30, 2010, while he was
residing in the Northern District of Texas, he knowingly created a CD that contained
images of nude, prepubescent children. The defendant admits that in creating these
images to bum to the CD, he manipulated and changed them first by zooming in and
focusing on the nude genital area of these children, in some instances, so much so that
their faces no longer fit in the frame of the images. After he manipulated the images, he
used computer software to compile thcm into a slide show format, and then, burned them
in the slide show format to a CD.
He agrees these images he created through manipulation were lewd and lascivious
as defmed by 18 U.S.C. 2256 and he acknowledges that each ofthese images was
obscene in that the average person, applying contemporary community standards, would
find that the material: 1) taken as a whole appeals to the prurient interest, 2) is patently
offensive, and that it 3) lacks serious literary, artistic, political. or scientific value.
Anderson also acknowledges that the CD was not manufactured in Texas and, therefore,
was material that moved in and affected interstate commerce.
Finally, Anderson agrees and admits that after he discovered the police had found
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his child pornography collection, including Images 1 through 3 of Jane Doe, he fled the
State of Texas - traveling to Arizona and Nevada" to avoid arrest and prosecution for
these and other offenses. Toward that end, he agrees that he and his wife also
substantially changed their appearance. Anderson further acknowledges that after he was
found and captured in Nevada, he was transported from Nevada to the Eunis County Jail
in Ennis, Texas. There, after having knowingly an voluntarily waived his Miranda rights,
Anderson acknowledges that he admitted to Homeland Security Investigations (HSl)
Special Agents Bradley Hudson and Jesse Lara, and Ennis Detective Mark Mahoney that
he had taken the pornographic photographs of Jane Doe for his sexual gratification. He
also admitted that all the child pornography seized from his apartment in Ennis, Texas on
February 8, 2011, and from the house/storage unit in Frost, Texas on February \8,2011,
by the Ennis Police Department, belonged to him. Anderson admits that his collection
included ehild pornography and child obscenity, including images of Anderson
performing anal sexual intercourse, vaginal sexual intercourse, and oral sexual intercourse
on life-sized baby dolls whose genital areas had been cut open and hollowed out to allow
Anderson to penetrate the openings with his penis.
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Anderson also admits that he possessed at least 100 still images and at least two videos of
child pornography.
, "i'h.
AGREED TO AND SIGNED this 1- day of May, 2011.
JAMES T. JACKS
UNITED STATES ATTORNEY
Defendant

Attorney for the Defendant
&VIlLiL.t J EWpctJl
a
CAMILLE E. SPARKS
Assistant United States Attorney
Texas State Bar No. 00790878
1100 Commerce Street, Third Floor
Dallas, Texas 75242
Telephone: 214.659.8600
Facsimile: 214.767.4100
Email: C81nille.Sparks@usdoj.gov
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