United States v. Baldwin, No. 13-163 (2d Cir. 2014)Annotate this Case
Defendant pleaded guilty to possession of child pornography. On appeal, defendant challenged the district court's imposition of a two-level sentencing enhancement for distribution of child pornography under U.S.S.G. 2G2.2(b)(3)(F). The court concluded that, although a defendant's intent was irrelevant for the enhancement under section 2G2.2(b)(3)(F), a defendant must know that his actions, such as the use of peer-to-peer software, would make the child-pornography files accessible to others. Because the district court's finding that defendant should have known that his files containing child pornography would be shared fell short of the required finding of knowing distribution, and because such error was not harmless, the court vacated and reversed for resentencing.