United States v. Collins, 2011 U.S. App. LEXIS 12676

Collins was convicted of one count each of attempted distribution and receipt of child pornography under 18 U.S.C. § 2252(a)(2).
He was also convicted of simple possession of child pornography under § 2252(a)(4)(b), with the possession conviction vacated as included in the receipt offense.
Law enforcement seized Collins’s HP computer, a Dell computer, and an external hard drive from his residence; the devices contained files of child pornography.
The computers were Collins’s, not password-protected, and files were found under his screen name on Limewire; some materials were later deleted.
A victim testified that Collins sexually exploited her at age 15, and photographs he took were found on the HP and external drive.
During closing, Collins argued he was an unwitting participant and that someone else downloaded the material; the government responded with rebuttal focusing on harm to victims and alleging Collins’s predatory conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for attempted distribution	Collins argues distribution requires knowing distribution beyond reasonable doubt.	Collins contends Limewire use and computer familiarity support knowledge of distribution; burden is proof beyond reasonable doubt.	Sufficient evidence supports attempted distribution.
Closing argument by the government	Prosecutor’s rebuttal improperly demeaned defense, invoked emotion, and referred to Collins as a predator.	Any remarks were responsive to defense arguments and within wide prosecutorial latitude; objections were insufficient for reversal.	No reversible plain-error or abuse of discretion; arguments did not prejudice substantial rights.

United States v. Moran, 612 F.3d 684 (8th Cir. 2010) (de novo sufficiency review; reasonable inferences permitted)
United States v. Durham, 618 F.3d 921 (8th Cir. 2010) (distribution enhancement/ Limewire context)
Shaffer, 472 F.3d 1219 (10th Cir. 2007) (conviction based on use of file-sharing program)
Schade, 318 Fed.Appx. 91 (3rd Cir. 2009) (unpublished; aiding internet transport of child pornography)
Beaman, 361 F.3d 1061 (8th Cir. 2004) (rebuttal credibility and admissible closing argument)
Jumping Eagle, 515 F.3d 794 (8th Cir. 2008) (prosecutor's argument within bounds; not reversible error)
Two Elk, 536 F.3d 890 (8th Cir. 2008) (jury instructions restricting statements as evidence)
Nabors, 761 F.2d 465 (8th Cir. 1985) (rebuttal arguments not exceptional circumstances)
Bernal-Benitez, 594 F.3d 1303 (11th Cir. 2010) (no error for district court not to strike reference after objection)
Olano, 507 U.S. 725 (1993) (plain-error standard for review)