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United States v. Richardson

Defendant who downloaded child pornography from Internet-based newsgroups was subject to two-level sentence enhancement because "a computer was used for the transmission" of illegal pornography; enhancement applies to recipients as well as transmitters of child pornography.

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The full case caption appears at the end of this opinion.

Posner, Circuit Judge. The defendant pleaded guilty to receiving and possessing child pornography (including visual depictions) in violation of 18 U.S.C. sec.sec. 2252(a)(2) and (a)(4)(B) and was sentenced to 108 months in prison. He had downloaded more than 70,000 pornographic images from Internet-accessed newsgroups with such names as “alt.binaries.pictures.erotica.lolita.” The FBI examined a random sample of 1,300 of these images and discovered that 77 depicted bondage and torture of children. The sentencing judge raised Richardson’s base offense level by four levels under U.S.S.G. sec. 2G2.2(b)(3) because the bondage and torture pictures “portray[ed] sadistic or masochistic conduct or other depictions of violence” and by two levels under U.S.S.G. sec. 2G2.2(b)(5) because “a computer was used for the transmission” of the illegal material. The appeal challenges the two punishment enhancements.

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