U.S. v. Owens

In prosecution on distribution of child pornography charge arising out of search of defendant’s computer using computer program generated by government, Dist. Ct. did not abuse its discretion in denying defendant’s pretrial motion to compel production of information relating to government’s download of video file containing child pornography from folder shared with others via peer-to-peer network. While forensic search of defendant’s computer at time of his arrest failed to locate relevant file containing child pornography on his computer, defendant failed to demonstrate that pretrial disclosure of requested information would have enabled him to substantially alter quantum of proof in his favor, especially where government presented circumstantial evidence that video file was, in fact, on defendant’s computer. Moreover, Dist. Ct. could properly credit government’s evidence that undermined defendant’s theory that government’s computer program generated false positive indication that child pornography folder was in defendant’s computer.