United States Eighth Circuit

A sentence for receiving and possessing child pornography is affirmed where defendant's use of the Kazaa file-sharing network to obtain child pornography from other network users, while allowing the child pornography files in his shared folder to be accessed and downloaded by others, constituted "distribution for the receipt, or expectation of receipt, of a thing of value, but not for pecuniary gain" under U.S.S.G. section 2G2.2(b)(2)(B).

Appellate Information

• Decided 04/03/2007
• Published 04/03/2007

Judges

• SMITH, Circuit Judge., Before MURPHY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John O. Moeller, argued, Davenport, IA, for appellant., James Donald Griffin, Des Moines, IA, pro se.


• For Appellees:
  
• Edwin F. Kelly, Jr., argued, Asst. U.S. Atty., Des Moines, IA (Joel W. Barrows, Asst. U.S. Atty., Davenport, IA, on the brief), for appellee.