092951P.pdf   08/26/2010  United States  v.  Michael Durham
   U.S. Court of Appeals Case No:  09-2951
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Bye, Author, with Beam and Gruender, Circuit Judges]
   Criminal case - Sentencing. The court erred in applying a two-level
   enhancement for distribution of child pornography under Guidelines Sec.
   2G2.2(b)(3)(F) as the court erred in finding defendant was knowledgeable 
   about the Limewire file-sharing software and that he knowingly used the
   program to distribute child pornography; on remand, the court should
   consider whether the record supports imposition of an enhancement under
   Guidelines Sec. 2G2.2(b)(1); no error in imposing special conditions of
   supervised release which allow the probation office to track defendant's
   whereabouts, prevent his access to child pornography and limit his other
   access to the Internet; Judge Beam, concurring in part and dissenting in
   part. Judge Gruender, concurring in part and dissenting in part. (Judge
   Gruender's opinion announces the judgment of the court with respect to
   imposition of the condition limiting Internet access.)