U.S. v. McGill

In prosecution on child pornography distribution charge, Dist. Ct. erred in failing to give defendant’s proffered entrapment instruction on child pornography distribution charge based on efforts by third-party, who had been previously arrested on child pornography charges, to repeatedly ask defendant to download defendant's collection of child pornography from defendant’s computer. Record showed no evidence that defendant had ever before distributed child pornography prior to multiple requests by third-party to do so, and while defendant used file-sharing applications to acquire child pornography, he never unlocked his computer files to allow others to obtain his collection. Fact that defendant had possessed child pornography was insufficient by itself to demonstrate predisposition to distribute. Moreover fact that third-party was good friend of defendant, who otherwise suffered from social anxiety, presented some evidence that govt. had exploited friendship to induce defendant to agree to download request.