United States Department of Justice

United States Attorney Joseph P. Russoniello
Northern District of California

11th Floor, Federal Building
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
(415) 436-7200
FAX: (415) 436-7234

December 16, 2008
CONTACT:  Jack Gillund
(415) 436-6599


Court Also Found Defendant Had Obstructed Justice

OAKLAND, Calif. – A citizen of Canada was sentenced Monday to serve 78 months in prison for attempting to solicit a minor online, announced United States Attorney Joseph P. Russoniello

Gary Wayne Ross, 51, of San Francisco, was convicted on July 28, by a federal jury after eight days of trial. Evidence at trial showed that Ross met “Nikki Daley,” in a regional Yahoo! Chat Room. “Nikki”, who in fact was an undercover Contra Costa County Sheriff’s Department deputy, told the defendant she was 13-years old and lived with her Aunt. The defendant e-mailed “Nikki” pornographic photographs and videos and arranged to meet her at her house in Martinez, Calif. After several weeks of communicating with undercover Contra Costa County Sheriff’s Department deputies over the Internet and during telephone conversations, Ross drove from San Francisco to Martinez with “Nikki’s” telephone number, condoms, personal lubricant, and graphic pornography.

In an effort to explain the personal lubricant he had at the time of his arrest, Ross claimed during trial that at the time of his offense he was suffering from a medical condition known as Peyronie’s Disease. Ross presented printouts of a Web site that he supposedly viewed in 2005 to obtain his self diagnoses. However, documents filed by the government prior to sentencing indicate that the printouts were fraudulent and, in 2005, could not have appeared the way Ross claimed. The defense conceded that point during Monday’s sentencing hearing.

After learning of the charges, Ross’s employer analyzed Ross’s work computer and discovered pornography. A document titled “Plan B”, which outlines plans to flee the United States and assume a fake identity, was also saved by Ross on his work computer.

In arriving at her decision, United States District Judge Saundra Brown Armstrong found that Mr. Ross had obstructed justice during the course of the trial.

Pursuant to 18 U.S.C. § 2422(b), Ross faced a mandatory minimum sentence of 5 years in custody and a maximum sentence of 30 years. Ross committed the offense only months before a new law passed by Congress increased the mandatory minimum sentence to 10 years imprisonment and the maximum sentence to life imprisonment.

Andrew S. Huang and Keslie Stewart are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Noble Hughes, Cynthia Daniel, and Kathleen Turner. The prosecution is the result of a two year investigation by the Contra Costa County Sheriff’s Department and the Federal Bureau of Investigation.

Further Information:             

Case #: CR 06-00637 SBA

A copy of this press release may be found on the U.S. Attorney’s Office’s website at

Electronic court filings and further procedural and docket information are available at

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at

All press inquiries to the U.S. Attorney’s Office should be directed to Jack Gillund at (415) 436-6599 or by email at

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