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Use of Peer-to-Peer Network Triggers Child Porn Distribution Ehancement

By Jonathan Byrne

US v. Layton: An informant told cops they say Layton looking at child porn on his computer. Cops went to investigate and questioned Layton, who gave a statement admitting to downloading porn, that there were a few thousand images on his computer, and that he used a peer-to-peer software called WinMX. He pleaded guilty to possession of child porn. At sentencing, he objected to enhancements based on the number of images, their type (i.e., masochistic), and that he "distributed" them via the WinMX software. Layton's arguments were based largely on factual issues that he alleged were left out of the investigators' report of the investigation. The district court rejected all Layton's arguments and sentenced him to 97 months, the bottom of the Guideline range...continue to full post

Full post as published by Fourth Circuit Blog on April 28, 2009 (boomark / email).