United States v. Dolehide
2011 U.S. App. LEXIS 24121
| 8th Cir. | 2011Background
- Dolehide was investigated for child pornography via LimeWire; law enforcement downloaded images from his LimeWire files.
- Law enforcement searched his home, seizing a laptop and several hard drives.
- Dolehide pled guilty to two counts of possession of child pornography under 18 U.S.C. §2252A.
- A PSR and amended PSR were prepared; sentencing followed a May 6, 2011 order addressing sentencing issues.
- The District Court applied a five-level 2G2.2(b)(3)(B) enhancement and denied a downward variance; Dolehide appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy waiver | Dolehide did not raise the issue below; argues two counts were same offense. | By pleading guilty to two counts, waiver of double jeopardy applies. | Waived; reviewed de novo not permitted. |
| Five-level enhancement under § 2G2.2(b)(3)(B) | Government failed to show actual sharing with intent to distribute; no thing of value. | Evidence showed uploading and downloading via LimeWire; distribution evidenced by sharing; intent inferred. | District Court did not err; enhancement applied. |
| Reasonableness of variance denial | Mental-health issues warranted probation; variances should be granted. | Mental health did not contribute to crime; prudent to deny variance and sentence within guidelines. | No abuse of discretion; variance denied; within-guidelines sentence affirmed. |
Key Cases Cited
- United States v. Limley, 510 F.3d 825 (8th Cir. 2007) (waiver of non-jurisdictional defenses through guilty plea)
- United States v. Bastian, 603 F.3d 460 (8th Cir. 2010) (five-level enhancement for distribution via file sharing; evidentiary standard)
- United States v. Griffin, 482 F.3d 1008 (8th Cir. 2007) (enhancement applies to downloading/sharing via peer-to-peer networks)
- United States v. Durham, 618 F.3d 921 (8th Cir. 2010) (requirement of evidence of uploading as well as downloading)
- United States v. Garcia, 512 F.3d 1004 (8th Cir. 2008) (reasonableness review of within-guidelines sentence)
- United States v. Booker, 576 F.3d 506 (8th Cir. 2009) (waived claims are not reviewable on appeal)
- United States v. San-Miguel, 634 F.3d 471 (8th Cir. 2011) (abuse-of-discretion standard for sentencing within guidelines)