United States Eighth Circuit

Conviction for interstate transportation of child pornography is affirmed where: 1) the use of peer-to-peer software for distribution of pornography qualifies for a five-level increase in the offense level under the provisions of U.S.S.G. sec. 2G2.2(b)(3)(B); and 2) the sentence imposed was not substantively unreasonable as the district court considered the 18 U.S.C. sec. 3553(a) factors and adequately explained the chosen sentence.

Appellate Information

• Decided 07/13/2009
• Published 07/13/2009

Judges

• PER CURIAM., Before SMITH and SHEPHERD, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• JoAnne M. Lilledahl, AFPD, Cedar Rapids, IA, for Appellant.


• For Appellees:
  
• Sean R. Berry, AUSA, Cedar Rapids, IA, for Appellee.