U.S. v. Robinson

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 12-2015
Decision Date: 
April 9, 2013
Federal District: 
S.D. Ill.
Vacated and remanded
Dist. Ct. erred in sentencing defendant to 108-month term of incarceration on possession of child pornography charge where said sentence was based, in part, on enhancement that defendant had in fact distributed said pornography by downloading said pornography through use of two peer-to-peer sharing computer programs. Remand was required since defendant insisted that he did not know that files he downloaded could be viewed by other users of said programs, and Dist. Ct. failed to make required finding that defendant knew or was reckless in failing to discover that downloaded files could be viewed online by others.