United States v. Lynch, No. 13-3691 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to possession of child pornography. The court concluded that the district court did not err in applying a five-level upward adjustment for distribution in expectation of a "thing of value" pursuant to U.S.S.G. 2G2.2(b)(3)(B) where defendant used a file sharing program to view the pornography. The government presented sufficient evidence of defendant's knowledge of distribution and the district court did not err in determining that defendant's evidence of ignorance was not concrete. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Sentencing. No error in imposing an enhancement under Guidelines Sec. 2G2.2(b)(3) for distribution in expectation of a "thing of value" where defendant used file sharing programs to view child pornography and failed to show concrete evidence of his ignorance as to distribution. Judge Smith, concurring. [ July 03, 2014
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