United States Eighth Circuit

Defendant's sentence for knowingly receiving and possessing child pornography is affirmed where: 1) absent concrete evidence of ignorance -- evidence that was needed because ignorance was entirely counterintuitive -- a fact-finder could reasonably infer that the defendant knowingly employed a file sharing program for its intended purpose; and 2) the district court committed no procedural error in determining defendant's advisory guidelines sentencing range.

Appellate Information

• Decided 03/11/2010
• Published 03/11/2010

Judges

Court

• United States Eighth Circuit

Counsel