United States v. Timothy Hansen
2017 U.S. App. LEXIS 10452
| 8th Cir. | 2017Background
- Timothy Hansen pleaded guilty to receipt of child pornography under 18 U.S.C. § 2252(a)(2).
- Law enforcement seized Hansen’s computers on January 31, 2013, uncovering thousands of child-pornography images.
- Hansen admitted downloading and viewing child pornography via peer-to-peer file-sharing networks.
- The district court sentenced Hansen to 130 months’ imprisonment; Hansen appeals the sentence.
- Hansen challenges the five-level enhancement under USSG § 2G2.2(b)(3)(B) applied at sentencing.
- At sentencing, the pre-amendment guideline allowed a five-level increase for certain distribution-for-thing-of-value scenarios; amendment 801 later changed the standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether five-level enhancement was properly applied | Hansen: no qualifying distribution for value; argues error under pre-amendment rule. | United States: evidence supports distribution-for-valuable-consideration under governing standard. | No prejudicial error; harmless given downward variance below two-level range. |
Key Cases Cited
- United States v. Bastian, 603 F.3d 460 (8th Cir. 2010) (discusses proof for five-level enhancement via direct/indirect evidence)
- United States v. Spriggs, 666 F.3d 1284 (11th Cir. 2012) (criticizes link between file-sharing and transaction requirement)
- United States v. Geiner, 498 F.3d 1104 (10th Cir. 2007) (limits applicability of enhancement where no transaction for value)
- United States v. Adams, 509 F.3d 929 (8th Cir. 2007) (pre-amendment interpretation guiding conduct at sentencing)
- Diaz-Diaz, 135 F.3d 572 (8th Cir. 1998) (clarifying amendments may be considered if not conflicting)