Faster download capability received in exchange for making child porn available online is receipt of thing of value for child porn distribution
SENTENCING United States v. Geiner, No. 06-8055, ___ F.3d ___ (10th Cir. Aug. 20, 2007)(Wyoming). Appeal of sentence for attempted interstate transportation of child pornography and possession of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) & (b)(1) and § 2252A(a)(5)(B) & (b)(2). HELD: District court properly enhanced defendant’s sentence under USSG § 2G2.2(b)(3)(B) for distributing child pornography with expectation of receiving some thing of value. Defendant’s enabling of computer software file-sharing feature to allow distribution of his own files containing child pornography to others in anticipation of then becoming a priority trader who could download child pornography files more quickly constituted distribution of child pornography with expectation of receiving thing of value, with thing of value being faster download capability. Read the opinion here. |
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