United States v. Williams, 2014 CCA LEXIS 878

In Aug–Sep 2012 Airman Phillip A. Williams used the Ares peer-to-peer program to search for and download child‑pornography videos using sexual/underage search terms; agents identified his IP and downloaded four files. A lawful search of his laptop found seven videos in Ares’ default "My Shared Folder."
Williams admitted searching for and watching videos of minors and masturbating to one, and acknowledged general knowledge of how peer‑to‑peer sharing works but did not expressly admit knowing others could download his files.
A military jury convicted Williams, contrary to pleas, of viewing, possessing (seven files), receiving, and distributing child pornography under Article 134, UCMJ; sentence included a bad‑conduct discharge, confinement (reduced on clemency), reduction to E‑1, and a reprimand.
Williams moved on appeal that the possession specification was multiplicious with receipt and distribution and that the distribution conviction was legally insufficient because the only download evidence was by a law‑enforcement agent who downloaded files for investigative purposes.
The court concluded possession was multiplicious with receipt and distribution under the facts here and therefore dismissed the possession specification, but affirmed the distribution and receipt convictions as legally and factually sufficient.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Multiplicity of possession with receipt/distribution	Possession is necessarily included in receipt/distribution; multiple convictions punish same conduct	Government: distinct acts; jury might find receipt or possession separately; judge merged some specs for sentencing	Possession of the same files was multiplicious given these facts; possession spec dismissed though judge’s sentencing merge meant no sentence relief
Legal sufficiency of distribution	Distribution insufficient because only evidence of another receiving was a law‑enforcement agent downloading for investigation; agent’s download was not wrongful or completed by a non‑agent	Government: files were in default shared folder, Ares default allowed downloads, agent downloading completes distribution; agent as recipient suffices	Distribution conviction legally sufficient: agent’s actual download completed the transfer; conviction stands; not shocking to judicial conscience

Blockburger v. United States, 284 U.S. 299 (1932) (separate‑elements test for multiplicity)
Dudeck v. United States, 657 F.3d 424 (6th Cir. 2011) (receipt and possession convictions may raise double jeopardy concerns)
Schales v. United States, 546 F.3d 965 (9th Cir. 2008) (possession/receipt double jeopardy discussion)
Craig, 68 M.J. 399 (C.A.A.F. 2010) (receipt and possession affirmed where different media/locations; guilty plea waiver noted)
Zubko, 18 M.J. 378 (C.M.A. 1984) (possession may be included within distribution for same drug facts)
Elespuru, 73 M.J. 326 (C.A.A.F. 2014) (panel must cure multiple guilty findings charged as alternative theories)
Winckelmann, 73 M.J. 11 (C.A.A.F. 2013) (sentence reassessment authority)
Kuemmerle, 67 M.J. 141 (C.A.A.F. 2009) (distribution complete when third‑party, including law enforcement, accesses posted material)
Budziak v. United States, 697 F.3d 1105 (9th Cir. 2012) (shared‑folder downloads by agents support distribution conviction)
Chiaradio v. United States, 684 F.3d 265 (1st Cir. 2012) (undercover/agent receipt does not negate distribution)
Shaffer v. United States, 472 F.3d 1219 (10th Cir. 2007) (agent download from shared folder supports distribution)
Gorski, 71 M.J. 729 (A. Ct. Crim. App. 2012) (noting actual third‑party download completes distribution; plea improvidence where no evidence of download)