United States Third Circuit

In this criminal action in which defendant placed child pornography in a shared computer folder connected to a file sharing network, conviction of defendant for distribution of child pornography is vacated and remanded for resentencing, where: 1) the government did not present evidence that any person had actually downloaded or obtained the materials that defendant made available; and 2) a conviction for distributing child pornography cannot be sustained without evidence that another person actually downloaded or obtained the images stored in the shared folder.

Appellate Information

• Decided 09/03/2014
• Published 09/03/2014

Judges

• Fuentes

Court

• United States Third Circuit

Counsel