United States v. Vadnai, No. 10-14382 (11th Cir. 2012)Annotate this Case
Defendant appealed his 240 month sentence imposed after pleading guilty to knowingly receiving child pornography, arguing that the district court erred by applying a five level enhancement, under U.S.S.G. 2G2.2(b)(3)(B), which provided for the enhancement if the offense involved distribution of child pornography "for the receipt, or expectation of receipt, of a thing of value." Defendant obtained child pornography by installing a peer-to-peer file-sharing software called LimeWare. The court concluded that a defendant's mere installation and use of a peer-to-peer network to download child pornography into the user's shared folder did not as a matter of law support the application of the enhancement. Therefore, the court held that the district court clearly erred in applying the enhancement for distribution of the receipt of a thing of value and vacated the sentence, remanding for resentencing.