United States v. O'Quinn
Opinion
James O’Quinn appeals his sentence of 108 months of imprisonment for receiving and distributing child pornography. 18 U.S.C. § 2252A(a)(2)(A), (b)(1). O’Quinn challenges the two-level enhancement of his sentence for distributing child pornography, United States Sentencing Guidelines Manual § 2G2.2(b)(3)(F) (2009), and the denial of his corresponding request for a two-level reduction of his sentence on the ground that he intended only to solicit and receive the pornographic materials, id. § 2G2.2(b)(l). We affirm.
The district court did not err when it enhanced O’Quinn’s sentence for distributing child pornography and denied his corresponding request for a reduction of his sentence. O’Quinn pleaded guilty to Count One of his indictment that charged him with “knowingly receiving] and distributing] and attempting] to receive and distribute child pornography,” and he was subject to a two-level increase of his sentence for distributing that contraband, id. § 2G2.2(b)(3)(F). The commentary to section 2G2.2 provides that “distribution includes posting material involving the sexual exploitation of a minor on a website for public viewing.” Id. cmt. n. 1. O’Quinn admitted during his sentencing hearing that he “ma[d]e [the] [child pornography] files [on his computer] available” for “public viewing” through a file-sharing program called Limewire.
We AFFIRM O’Quinn’s sentence.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. James Michael O’QUINN, Defendant-Appellant
- Status
- Unpublished