United States v. Miltier, No. 20-4199 (4th Cir. 2021)Annotate this Case
The Fourth Circuit affirmed defendant's conviction for receiving and possessing child pornography. Defendant argued that the district court should reduce his Sentencing Guidelines range pursuant to a provision that applies only to defendants whose "conduct was limited to the receipt or solicitation of" child pornography under USSG 2G2.2(b)(1). The court concluded that, because defendant admitted to unintentionally distributing such material, the Guideline does not apply to him. The court also concluded that, even when distribution is unintentional, it is not conduct limited to receipt or solicitation. Therefore, defendant's use of a peer-to-peer file-sharing network to unintentionally distribute child pornography rendered him ineligible for a reduction pursuant to section 2G2.2(b)(1).