United States v. Dodd
United States Court of Appeals for the Eighth Circuit
598 F.3d 449 (2010)
- Written by Sharon Feldman, JD
Facts
A law-enforcement officer logged onto the peer-to-peer file-sharing network LimeWire and conducted a search using the term “preteen.” A LimeWire user subsequently identified as William Dodd (defendant) responded. The officer reviewed the list of files Dodd was sharing and found two files that contained child pornography. Seventeen videos containing child pornography were found on Dodd’s computer during a search of Dodd’s home. Dodd pleaded guilty to knowing receipt and possession of child pornography. The presentence report recommended a two-level increase in the base offense level under § 2G2.2 of the sentencing guidelines because Dodd distributed the material to another person. Dodd argued that the increase for distribution was inappropriate because there was no evidence that he knew that files downloaded to his saved file were available to others. The government argued that LimeWire was set up for the sole purpose of sharing files and affirmative steps had to be taken to make files in the shared folder available to others. The district court increased the base offense level for distribution. Dodd appealed.
Rule of Law
Issue
Holding and Reasoning (Loken, C.J.)
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