United States v. James Smith
2014 U.S. App. LEXIS 651
| 5th Cir. | 2014Background
- Smith was convicted of knowing possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B) and the U.S. appealed a district court Rule 29 acquittal.
- Evidence showed someone downloaded 26 child-pornography videos to Smith’s shared computer using Frostwire; Penix was not using the computer; Jolly testified he did not download the files and denied knowledge.
- Smith did not testify; expert testimony said files were intact and obvious in name; the jury heard alibi testimony from Smith’s girlfriend and parents.
- Countervailing evidence included Jolly’s computer use, Jolly’s testimony, and discrepancies in alibi witnesses’ accounts; jury credited Jolly over others.
- District court acquitted, but the appellate court reversed, determined there was sufficient evidence for actual possession and knowledge, and remanded for sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to prove possession of files | Smith argued insufficient to show possession | Smith contends no knowledge/possession | Sufficient evidence for actual possession |
| Knowledge of the illegal nature of the material | Evidence shows download of explicit files, indicating knowledge | Unknown who downloaded; potential lack of knowledge | Sufficient evidence of knowledge beyond reasonable doubt |
Key Cases Cited
- United States v. Williams, 602 F.3d 313 (5th Cir. 2010) (sufficiency standard for evidence is de novo review)
- Moreland v. United States, 665 F.3d 137 (5th Cir. 2011) (test for knowing possession and elements of possession)
- Sanchez v. United States, 961 F.2d 1169 (5th Cir. 1992) (credibility and standard for weighing evidence; jury credibility of witnesses)
- United States v. Woerner, 709 F.3d 527 (5th Cir. 2013) (knowledge/intent; young on how file names indicate content)
- United States v. Terrell, 700 F.3d 755 (5th Cir. 2012) (nearly equal circumstantial support standard for competing explanations)
- United States v. Mergerson, 4 F.3d 337 (5th Cir. 1993) (possession theory for contraband on shared computers)
- X-Citement Video, Inc. v. United States, 513 U.S. 64 (1994) (knowledge of age and nature of material required under § 2252A(a)(5)(B))
- United States v. Tovar, 719 F.3d 376 (5th Cir. 2013) (constructive possession vs actual possession considerations)
- United States v. Patterson, 23 F.3d 1239 (7th Cir. 1994) (constructive possession analysis considerations)