United States Ninth Circuit

Defendant's conviction and sentence for receipt of material involving the sexual exploitation of minors is affirmed, where: 1) a redacted version of the defendant's confession was not misleading and therefore the Rule of Completeness did not require admission of the full statement into evidence; 2) the district court did not abuse its discretion when it declined to instruct on the lesser-included offense of possession of child pornography; and 3) the district court properly applied a distribution enhancement to defendant's sentence, where defendant, who used a file-sharing program to download child pornography that, whether knowingly or unknowingly, allowed others access to those files.

Appellate Information

• Decided 02/10/2014
• Published 02/10/2014

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel