United States Eighth Circuit

Defendant's child pornography possession conviction and sentence are affirmed where: 1) the totality of the circumstances did not indicate that defendant's will was overborne by the conduct of the law enforcement agents who interviewed him; 2) evidence developed within several months of an application for a search warrant for a child pornography collection and related evidence was not stale; and 3) defendant's use of a file-sharing network amounted to "the receipt of, expectation of receipt, or thing of value, but not for pecuniary gain" under U.S.S.G. section 2G2.2(b)(3)(B).

Appellate Information

• Decided 02/19/2010
• Published 02/19/2010

Judges

• GOLDBERG, Judge., Before MURPHY and BYE, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bernard John Burns, III, argued, AFPD, Des Moines, IA, for appellant.


• For Appellees:
  
• Craig Payton Gaumer, argued, AUSA, Des Moines, IA, for appellee.