United States v. Pruitt
2011 U.S. App. LEXIS 7567
| 11th Cir. | 2011Background
- Milton Scott Pruitt, a Forsyth County deputy, used his work computer to access child-pornography stored on the county server without a work-related purpose.
- Images were located in folders tied to the county detective in charge of computer investigations and some were labeled with the county's 'CP' designation for child pornography.
- County IT traced unusual network activity to Pruitt's account, leading to an interview and his admission of viewing the images out of curiosity and stupidity.
- Pruitt allowed a home-computer search, revealing about 70 images in cache and over 200 in unallocated space, with his HP Administrator account showing related searches and site visits.
- A jury convicted Pruitt on two counts of knowingly receiving child pornography under 18 U.S.C. § 2252A(a)(2)(A); a separate possession count was acquitted.
- The district court sentenced him to 98 months' imprisonment on each count, to run concurrently, followed by 10 years of supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of knowing receipt on the work computer | Pruitt knowingly received by viewing files on county server. | No active saving or control over files; evidence insufficient. | Yes; sufficient evidence of knowing receipt |
| Whether there was sufficient evidence of knowing receipt on the home computer | Cache, unallocated space, searches, and website visits show knowledge and receipt. | Trojan virus could explain files; not knowingly received. | Yes; sufficient evidence supporting Count Two |
Key Cases Cited
- United States v. Bobb, 577 F.3d 1366 (11th Cir. 2009) (textual interpretation of 'receipt' consistent with single punishment principle)
- United States v. Silvestri, 409 F.3d 1311 (11th Cir. 2005) (standard for reviewing sufficiency of evidence; light in favor of government)
- United States v. Garcia-Bercovich, 582 F.3d 1234 (11th Cir. 2009) (sufficiency review and scienter considerations under § 2252A(a)(2))
- United States v. Romm, 455 F.3d 990 (9th Cir. 2006) (receipt can be established by dominion/control over images viewed)
- United States v. Flyers, 633 F.3d 911 (9th Cir. 2011) (unallocated space concept and forensic preservation context)