United States v. Dunning, No. 16-5164 (6th Cir. 2017)Annotate this Case
Statute is not unconstitutionally vague for providing a stiffer penalty for receipt than for possession of child pornography
A Kentucky Detective used Nordic Mule, a law enforcement software package, to search for IP addresses that had recently shared child pornography on the peer-to-peer file-sharing network eDonkey, then obtained a search warrant for Dunning’s residence, where police seized electronic devices, containing over 22,000 images and videos depicting the sexual exploitation of minors. Dunning moved for discovery, seeking the source code for the software that the detective relied on for the warrant. The government responded: The program … is part of the Child Rescue Coalition, which is a private non-profit organization. The source code and program are proprietary and are not in the possession of the United States. The court denied Dunning’s discovery motion and his motion to suppress evidence, which argued that the warrant application was not supported by probable cause because the detective used software of uncertain reliability and that he had a reasonable expectation of privacy in his computer files. Dunning then pled guilty under 18 U.S.C. 2252(a)(2) and was sentenced to 165 months’ imprisonment. The Sixth Circuit affirmed, rejecting arguments that the statute is unconstitutionally vague and that his sentence was unreasonable, and upholding denial of his motions.