United States v. William A. Cote
482 F. App'x 373
| 11th Cir. | 2011Background
- Cote pleaded guilty to transporting child pornography and was sentenced to 168 months.
- The district court applied a five‑level enhancement under §2G2.2(b)(7)(D) based on possession of over 600 images.
- The district court applied a five‑level enhancement under §2G2.2(b)(3)(B) for distribution in exchange for a thing of value.
- Cote’s total offense level was 37 with a criminal history category I, yielding an advisory range of 210–262 months but limited to 240 months by sentencing maximum, then reduced to 168 months by downward variance.
- Cote’s Gigatribe activity involved sharing 2,716 images and 274 videos; undercover downloads in California and Canada totaled about 700 images; the government treated these as relevant conduct.
- The court affirmed the enhancements and the resulting sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the §2G2.2(b)(7)(D) enhancement is proper for 600+ images. | Cote argues only 10 images were transported. | U.S. contends conduct included uncharged relevant conduct and totaled 600+ images. | Yes; the enhancement applies based on relevant conduct including uncharged material. |
| Whether the §2G2.2(b)(3)(B) enhancement applies for exchange for a thing of value. | Cote challenges the exchange-based basis for enhancement. | U.S. argues there was a reasonable expectation of exchange via file sharing. | Yes; there was a reasonable expectation of receiving material in exchange for sharing. |
Key Cases Cited
- United States v. Munio, 909 F.2d 436 (11th Cir. 1990) (relevant conduct may include acts beyond the charged count)
- United States v. Blanc, 146 F.3d 847 (11th Cir. 1998) (guideline §1B1.3(a)(2) factors for same course of conduct)
- United States v. Geiner, 498 F.3d 1104 (10th Cir. 2007) (enhancement for exchange of child pornography via file sharing)
- United States v. Griffin, 482 F.3d 1008 (8th Cir. 2007) (application of enhancement when exchange is understood in file-sharing context)
- United States v. Maneri, 353 F.3d 165 (2d Cir. 2003) (§2G2.2(b)(2)(B) applicability to anticipated exchange of pornography)