United States v. Clarke, No. 18-1569 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction and sentence for four counts of receipt of child pornography, one count of possession of child pornography, and two counts of transportation of child pornography. The court held that the evidence showed that defendant downloaded child pornography files on a peer-to-peer file sharing network, thus making those files available to be downloaded by other users on the network, and that government agents downloaded two video files from his computer. Therefore, the evidence was sufficient to support defendant's convictions. Furthermore, even assuming a violation of defendant's entitlement to discovery, defendant has not demonstrated that he suffered prejudice.
The court also held that defendant's 120 month sentence is procedurally and substantively reasonable. Finally, the court affirmed the monetary fines imposed on defendant for costs incurred because defendant failed to show up for the first day of trial, for an assessment, for a penalty under the Justice for Victims of Trafficking Act, and for a special assessment.
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