United States v. Creel, No. 14-12438 (11th Cir. 2015)
Annotate this CaseDonald Creel pleaded guilty to receipt of child pornography, and received an enhanced sentence when the district court ruled that he "[d]istribut[ed]" child pornography through a file sharing program on his computer. The issue this case posed for the Eleventh Circuit's review centered on whether the definition of "[d]istribution" of child pornography under the Sentencing Guidelines, U.S.S.G. 2G2.2(b)(3)(F) (Nov. 2013), included an element of mens rea. Because distribution of child pornography did not require an offender to know that he made child pornography accessible to others, the Eleventh Circuit affirmed Creel’s sentence.
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