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062905P.pdf 04/03/2007 United States v. James Donald Griffin
U.S. Court of Appeals Case No: 06-2905
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Smith, Author, with Murphy and Hansen, Circuit
Judges]
Criminal case - Sentencing. Defendant who used Kazaa to download
child pornography to his shared folder where they could be searched and
downloaded by other Kazaa users was engaged in the distribution of child
pornography; five-level distribution enhancement under Guidelines Sec.
2G2.2(b)(2)(B) applies when a defendant downloads and shares child
pornography files via an internet peer-to-peer file-sharing network, as
these networks exist for the purpose of allowing users to share, swap,
barter or trade files and thereby meet the Section's requirement that the
defendant receive a thing of value, but not for pecuniary gain.