United States Second Circuit

The sentence imposed on defendant after he pleaded guilty to possession of child pornography and possession of a firearm by a convicted felon is vacated and remanded for resentencing, where: 1) a finding of knowledge is required to impose the two‐level enhancement for distribution of child pornography under section 2G2.2(b)(3)(F) of the United States Sentencing Commission Guidelines; 2) the district court's finding that defendant should have known that his files containing child pornography would be shared falls short of the required finding of knowing distribution; and 3) the sentencing error was not harmless.

Appellate Information

• Decided 02/21/2014
• Published 02/21/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel