United States v. Farney
513 F. App'x 114
2d Cir.2013Background
- Farney pleaded guilty to receipt and possession of child pornography, after waiving indictment in 2011.
- District court sentenced Farney to 108 months on each count, concurrent, below-guidelines.
- Guideline range calculated as 151 to 188 months, based in part on distribution enhancements under U.S.S.G. § 2G2.2.
- District court declined a two-level reduction for receiving only and applied a two-level enhancement for distribution under § 2G2.2(b)(3)(F).
- The enhancement rested on Farney’s use of LimeWire and FrostWire and evidence suggesting knowledge of sharing.
- On appeal, Farney challenges the guideline calculation and the district court’s finding of knowledge supporting distribution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in applying the distribution enhancement | Farney argues no distribution occurred and knowledge was not proven. | Farney contends lack of actual distribution defeats the enhancement absent knowledge. | No reversible error; knowledge supported by conduct and program use. |
| Whether the knowledge requirement for distribution was met | Farney asserts insufficient evidence of knowledge of file-sharing attributes. | Government argues inference from program use supports knowledge of sharing. | Court assumes some knowledge and finds district court’s factual findings not clearly erroneous. |
Key Cases Cited
- Layton, 564 F.3d 330 (4th Cir. 2009) (knowingly making files available falls within 'distribution')
- Carani, 492 F.3d 867 (7th Cir. 2007) (distribution includes making material accessible to others)
- Dodd, 598 F.3d 449 (8th Cir. 2010) (ignorance may be inferred unless evidence shows otherwise)
- Ray, 704 F.3d 1307 (10th Cir. 2013) (§ 2G2.2(b)(3)(F) knowledge of distribution capability not required)
- Hernandez, 604 F.3d 48 (2d Cir. 2010) (two-component abuse-of-discretion review for sentencing)
- Cavera, 550 F.3d 180 (2d Cir. 2008) (procedural and substantive components of reasonableness review)
- Potes-Castillo, 638 F.3d 106 (2d Cir. 2011) (clear-error review of factual findings in sentencing)
- Hertular, 562 F.3d 433 (2d Cir. 2009) (preponderance standard for factual findings in guideline applications)