WASHINGTON — Federal prosecutors filed child pornography charges this week against a Fauquier County man who previously had his state case dropped due to a clerical error.
A three-count indictment was unsealed Wednesday accusing Andrew David Krueger, of Warrenton, of receiving and possessing child pornography. According to the indictment, images found on devices in his possession included at least one depiction of an offense involving a child under the age of 12.
The charges stem from a November 2019 search of Krueger’s home that resulted in the seizure of 15 devices, including more than a dozen hard drives. Virginia court records show Krueger was indicted by a Fauquier County grand jury in July 2020 on 15 felony counts of possession of child pornography.
However, the Fauquier County Commonwealth’s Attorney dropped those charges two years later after Krueger’s attorney discovered a magistrate judge had failed to include the signature page on the search warrant affidavit, according to the Fauquier Times.
Under Virginia law, possession of child pornography carries a minimum sentence of not less than one year in prison and a maximum sentence of five years on each count.
The federal charges Krueger now faces carry much stiffer penalties, however. Conviction of receiving child pornography through interstate commerce carries a minimum penalty under federal law of five years in prison and a maximum sentence of up to 20 years. Possession of child pornography depicting a minor under the age of 12 carries a maximum sentence of up to 20 years in prison.
A spokesperson for the U.S. Attorney for the Eastern District of Virginia declined to comment Thursday about the decision to charge Krueger after his state case was dropped.
Krueger made his initial appearance Wednesday in federal court in Alexandria and was ordered held by the U.S. Marshal’s Service until a detention hearing set for Friday afternoon. Krueger was being represented by the Federal Public Defender’s Office.