United States v. Knowlton, No. 19-41042 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed defendant's conviction for one count of receiving material containing child pornography. Even applying stricter de novo review, the court concluded that receipt of pornographic computer files is properly chargeable as receipt of material containing child pornography under 8 U.S.C. 2252A(a)(2)(B).
The court rejected defendant's contention that the evidence at trial permitted the judge to conclude only that five files contained child pornography, and the dates of receipt proven for those files materially vary from the dates alleged in the indictment. Rather, the court concluded that the evidence at trial indicated that far more than five files contained child pornography and, even if there were only five files, the dates of receipt defendant points to for those files do not materially vary from the dates alleged in the indictment. The court remanded for the district court to correct a clerical error in the judgment, which mistakenly indicated that defendant pleaded guilty instead of being found guilty after a bench trial.