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First Circuit debates applicability of child porn trafficking sentence enhancement

By Douglas A. Berman

Today's opinion from the First Circuit in US v. Dyer, No. 08-1343 (1st Cir. Dec. 28, 2009) (available here), confirms not only that some federal courts are working this week, but also that downloading child porn in the wrong way can make one liable at sentencing for trafficking in child porn.  Here is the heart of the majority's ruling concerning the application of a federal guideline sentencing enhancement: Dyer chose to download and frequently use LimeWire, a type of peer-to-peer software that creates a shared system of users, and he did so to acquire images of child pornography for his personal collection.  He downloaded these files into a "shared" folder that he knew would be made available to others.  He did so for two years and gave no indication to Agents Lechner and Pritchard that he would have stopped had he not been arrested...continue to full post

Full post as published by Sentencing Law and Policy on December 28, 2009 (boomark / email).