Gary Don Boyd Graves, 32, of Lubbock was scheduled to appear Wednesday in federal court. If a hearing goes forward as scheduled, Graves will ask to be let out of jail while his criminal case is pending.
Graves was indicted last week for possession of pre-pubescent child pornography.
A police report said his girlfriend called police in February when she found sexual images of children on his cell phone.
An officer wrote in the police report, “I observed several pictures of naked children being sexually [abused] by adult males. I then took the cell phone into custody as evidence.”
Federal prosecutors have asked a magistrate to keep Graves locked up until he goes to trial. As of Tuesday, he was held in the Lubbock County Detention Center.