United States v.Stitz

Stitz, charged with distribution of child pornography by computer, 18 U.S.C. 2252A(a)(2)(A), pled guilty, stipulating to the factual basis for the plea. The agreement noted that Stitz understood the stipulation, which states that on three occasions FBI investigators used the ARES file-sharing network to connect Stitz’s IP address and download child pornography and that during an interview, Stitz acknowledged that he was aware his computer was sharing child pornography on that network. At a plea colloquy, Stitz confirmed the stipulation. The court calculated a sentencing range of 151-188 months. Stitz argued that he was entitled to a lower sentence based on the 18 U.S.C. 3553(a) factors because his distribution of child pornography was passive and he did not have the specific intent to distribute, but repeatedly stated that he knew the file-sharing system made his child pornography available to others. The court sentenced Stitz to 121 months, considering that the two-level enhancement (U.S.S.G. 2G2.2(b)(6)) for the use of a computer to distribute child pornography was put in place when the use of a computer was more significant, Stitz’s “horrific childhood,” and rehabilitative efforts. The Fourth Circuit affirmed, rejecting arguments that the court erred in finding a factual basis for his plea because there is no published law in the circuit concluding that use of a peer-to-peer file-sharing program constitutes “distribution” under the statute and that Stitz lacked mens rea. View "United States v.Stitz" on Justia Law