A former Boeing manager has been sentenced in Los Angeles to more than three years in prison for possessing child pornography discovered during an unrelated espionage investigation.

Judge Christina Snyder sentenced Keith Gartenlaub on Monday to 41 months in federal prison.

A prosecutor sought a seven year sentence and the defense asked that he serve no time behind bars.

Defense lawyer Mark Werksman previously argued to dismiss the whole case against Gartenlaub because the porn was discovered through a warrant obtained through the nation's secretive intelligence court and based on spying allegations he was never charged with.

Snyder rejected that argument, but she tossed out a conviction on a charge of receiving child pornography because it was duplicative.

The FBI found the pornography while investigating a potential Boeing data leak.