United States v. Jason Hill
2014 U.S. App. LEXIS 8557
| 8th Cir. | 2014Background
- Hill was convicted of knowingly receiving and distributing child pornography (Count 1) and knowingly possessing child pornography (Count 2) under 18 U.S.C. § 2252(a)(2) and (a)(4)(B).
- The evidence came from Hill’s LimeWire shared folder and seized computer following a September 28, 2010 search warrant.
- Law enforcement downloaded ten images from Hill’s LimeWire folder; DHS forensic examiner found child-pornography files on Hill’s hard drive and in the LimeWire directory and recycle bin.
- Hill moved to suppress the seized evidence, arguing Fourth Amendment violations; the district court denied without a hearing.
- Hill moved to dismiss a charged count on double jeopardy grounds, arguing possession is a lesser-included offense of receipt; the district court denied.
- A three-day trial occurred in 2012; Hill testified and admitted some viewing of child pornography; the jury returned guilty verdicts on both counts; Hill was sentenced to concurrent terms of 144 months and 120 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of seized evidence without a hearing | Hill | Stults controls; LimeWire sharing prevented privacy | denial affirmed |
| Double jeopardy for possession and receipt | Counts 1 and 2 are same offense | Different files; not same offense | no double jeopardy violation |
| Sufficiency of evidence for possession | Recycle-bin images were in unallocated space | Recycle bin files were accessible and under Hill’s control | sufficient evidence for possession |
| Sufficiency of evidence for receipt and distribution | Hill admitted knowing receipt and distribution | Credibility issues; could be irrational justifications | sufficient evidence for receipt and distribution |
Key Cases Cited
- United States v. Stults, 575 F.3d 834 (8th Cir. 2009) (no reasonable expectation of privacy where LimeWire used for file sharing)
- United States v. Ganoe, 538 F.3d 1117 (9th Cir. 2008) (files made accessible via shared folder; no expectation of privacy)
- United States v. Manning, 738 F.3d 937 (8th Cir. 2014) (different images for different counts; no double jeopardy)
- United States v. Huether, 673 F.3d 789 (8th Cir. 2012) (Blockburger analysis for multiple counts)
- United States v. Worthey, 716 F.3d 1107 (8th Cir. 2013) (sufficiency of evidence for possession/receipt)
- United States v. Koch, 625 F.3d 470 (8th Cir. 2010) (evidence supports conviction for possession/receipt)
- United States v. McArthur, 573 F.3d 608 (8th Cir. 2009) (images found in unallocated space can support conviction)
- United States v. Breton, 740 F.3d 1 (1st Cir. 2014) (intent to delete can show possession)