United States v. Dennis Chase
2013 U.S. App. LEXIS 12961
8th Cir.2013Background
- Defendant Dennis Chase was convicted by a jury of three counts of transportation and three counts of possession of child pornography in violation of 18 U.S.C. § 2252.
- Chase moved to suppress evidence seized from his residence, arguing the search warrant lacked probable cause linking his home to child pornography items.
- Chase requested an entrapment jury instruction, asserting government inducement and lack of predisposition; the district court denied the instruction.
- Chase moved for judgment of acquittal, arguing insufficient evidence (including because the entrapment instruction was denied); the motion was denied and convictions stood.
- At sentencing, the district court applied a five-level enhancement under U.S.S.G. § 2G2.2(b)(3)(B) for distribution expecting receipt of a thing of value and imposed a 292-month sentence (bottom of the Guidelines range); Chase argued the enhancement and reasonableness of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for search warrant | Warrant failed to show nexus between child pornography and Chase’s residence | Warrant was sufficient because those who possess such images are likely to store them at home | Probable cause was sufficient; nexus supported by common-sense inference (affirmed) |
| Entitlement to entrapment instruction | Chase: government induced him and he lacked predisposition | Government: no inducement; evidence showed predisposition | No reasonable jury could find entrapment on this record; instruction properly denied |
| Sufficiency of evidence (judgment of acquittal) | Conviction constitutionally insufficient because entrapment instruction denied | Evidence independently sufficient to support convictions | Convictions supported by sufficient evidence; denial of acquittal motion proper |
| Sentencing enhancement and reasonableness | Enhancement and 292-month sentence were excessive/unwarranted; court failed to adequately weigh mitigation (age, caregiving, health) | Government: enhancement applies because Chase used file-sharing expecting to receive files; sentence within Guidelines and reasonable | Five-level distribution-for-value enhancement proper; sentence (bottom of Guideline range) reasonable and not an abuse of discretion |
Key Cases Cited
- United States v. Hyer, [citation="498 F. App'x 658"] (8th Cir. 2013) (images of child pornography likely to be stored at home supports nexus for warrant)
- United States v. Young, 613 F.3d 735 (8th Cir. 2010) (standard of review for denial of proffered legal defense)
- Mathews v. United States, 485 U.S. 58 (U.S. 1988) (elements of entrapment: government inducement and lack of predisposition)
- United States v. Bastian, 603 F.3d 460 (8th Cir. 2010) (government bears burden to prove expectation of receiving value via file-sharing for §2G2.2 enhancement)
- United States v. Dolehide, 663 F.3d 343 (8th Cir. 2011) (defendant must present concrete evidence of ignorance to rebut distribution finding)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (reasonableness review of within-Guidelines sentence)