United States v. Stefanidaki, No. 11-1182 (1st Cir. 2012)Annotate this Case
Defendant entered an Internet chat room that was being watched by an undercover law enforcement officer and offered the officer access to his pornography collection through a peer-to-peer file sharing program. Using his undercover account, the officer learned that defendant was sharing 112 gigabytes of content and downloaded nine files from the digital library. Four of these files contained depictions of different young boys engaged in sexually explicit conduct. The FBI tracked the IP address, obtained a warrant, and searched defendant’s residence. Defendant waived Miranda rights and admitted that he had possession of child pornography and handed over the external hard drive, which verified earlier interactions with the undercover officer and the existence of thousands of images depicting child pornography. Defendant pled guilty to interstate transportation of child pornography, 18 U.S.C. 2252(a)(1), and possession of child pornography, 2252(a)(4)(B) with a waiver of appeal and was sentenced to five concurrent terms of 84 months. The First Circuit affirmed, rejecting an argument that he should have been sentenced either for transportation of child pornography or for possession of child pornography, but not both. There is no colorable showing of a double jeopardy violation.