United States v. Lawrence

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The mere use of a peer-to-peer network is not enough to trigger USSG's 2G2.2(b)(3)(F)'s enhancement; but that enhancement may apply if a defendant knows that his use of a peer-to-peer network made his child pornography files accessible to others online.The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to receipt and possession of child pornography. Although defendant did not plead guilty to the additional charge of distributing child pornography, the district court applied a two-level sentence enhancement under USSG 2G2.2(b)(3)(F) for such distribution. In this case, defendant knew that others online could access his child pornography files. View "United States v. Lawrence" on Justia Law