United States v. Dobbs, 2011 U.S. App. LEXIS 142

Dobbs's computer was seized in April 2006; investigators found over 150 child-pornography images in the cache.
He was charged with receipt, attempted receipt, and possession under 18 U.S.C. § 2252(a)(2) and (a)(4)(B); possession was later dismissed, leaving only the receipt/attempt count.
The government relied on the computer-forensic specialist's testimony about Dobbs's searches and visits to sites linked to child pornography, and about images cached in Dobbs's browser cache.
Two images recovered from the cache, b003[1].jpg and 14[2].jpg, were presented to the jury as the basis for Dobbs's conviction; both were banner-type images in small dimensions.
The government argued Dobbs knowingly received the images through the caching process and his pattern of searches/sites showed intent to obtain child pornography; the defense argued no proof he knew about caching or that he viewed the images.
The district court admitted the two images and instructed the jury on "knowingly" and "receive"; Dobbs was convicted and sentenced to 132 months in prison plus supervised release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is sufficient evidence Dobbs knowingly received the two images	Dobbs contends no proof he knew images resided in cache or that he viewed them.	Dobbs argues pattern of searches shows knowledge of seeking and receiving; presence in cache alone is insufficient without knowledge.	Insufficient evidence of knowing receipt; conviction reversed and remanded to vacate.
Whether the images traveled in interstate commerce under § 2252(a)(2) (Schaefer issue)	Government argues origin in Florida/New York and cache in Oklahoma shows interstate travel; Schaefer limitation does not defeat that.	Dobbs argues Schaefer controls; evidence of origin alone cannot prove interstate movement of the particular images.	Court declines to decide Schaefer issue; nonetheless, majority reverses for insufficiency on knowing receipt and remands to vacate.

United States v. Bass, 411 F.3d 1198 (10th Cir. 2005) (cache-knowledge and possession linkage discussed)
United States v. Tucker, 305 F.3d 1193 (10th Cir. 2002) (interpretation of 'knowingly' and possession broadly)
United States v. Romm, 455 F.3d 990 (9th Cir. 2006) (control over cached images can establish receipt even without viewing)
United States v. Kuchinski, 469 F.3d 853 (9th Cir. 2006) (knowledge of cache/files required; absence of knowledge undermines possession/receipt)
United States v. Schaefer, 501 F.3d 1197 (10th Cir. 2007) (interstate movement proof for images; internet use alone not sufficient)
United States v. Wilson, 182 F.3d 737 (10th Cir. 1999) (materials vs. depictions in § 2252(a)(4)(B); distinction relevant to interstate travel proofs)
United States v. Swenson, 335 F. App'x 751 (10th Cir. 2009) (persuasive unpublished discussion on interstate-commerce implications)
United States v. Snow, 82 F.3d 935 (10th Cir. 1996) (jurisdictional nexus can be established by past travel in interstate commerce)