United States v. Bennett

Defendant pled guilty to one count of possession of child pornography and then appealed his sentence of 84 months in prison. Defendant argued that the district court erred in calculating the Guidelines range by imposing a five-level enhancement under USSG 2G2.2(b)(3)(B) for distribution of child pornography “for the receipt, or expectation of receipt, of a thing of value” based on his use of a peer-to-peer file-sharing system to trade pornography. The court ultimately concluded that the manner in which defendant used file sharing warranted this enhancement, but held that the district court erred in describing the Guidelines range as above the statutory maximum for the charge. Accordingly, the court vacated and remanded for resentencing. View "United States v. Bennett" on Justia Law