United States v. Baker, No. 12-10834 (5th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to receiving material involving the sexual exploitation of a minor. At issue was whether the district court properly applied a two-level enhancement under U.S.S.G. 2G2.2(b)(3)(F) for distribution of child pornography. The court found that section 2G2.2(b)(3)(F) did not contain a scienter requirement. Therefore, the district court did not err in applying the enhancement absent evidence of defendant's knowledge that the file-sharing program, Frostwire, enabled other users to access the child pornography he downloaded. Accordingly, the court affirmed the sentence.
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