Legal Opinion

United States v. Bennie Richardson, IV

Court of Appeals for the Fifth Circuit

Decided April 1, 2013No. 11-20773PublishedCited by 43 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Bennie E. Richardson, IV (“Richardson”) challenges his conviction for distribution of child pornography, arguing that he did not “distribute” child pornography by storing images in a shared folder accessible on a peer-to-peer computer network. Richardson also asserts that the district court erred in applying a two-level enhancement under U.S.S.G. § 2G2.2(b)(6) based on the use of a computer. For the reasons more fully set forth below, we AFFIRM.

I

Richardson challenges his conviction and sentence following a bench trial on stipulated facts. The parties stipulated…

2Cases cited11 opinions

  1. United States v. Valenzuela-QuevedoCourt of Appeals for the Fifth Circuit · 2005
  2. United States v. ChiaradioCourt of Appeals for the First Circuit · 2012
  3. United States v. Samuel Saldana, Jr., United States of America v. Saul SaldanaCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. ShafferCourt of Appeals for the Tenth Circuit · 2007
  5. United States v. CalbatCourt of Appeals for the Fifth Circuit · 2001

6 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. United States v. Dantana TanksleyCourt of Appeals for the Fifth Circuit · 2017
  2. United States v. Michael GrzybowiczCourt of Appeals for the Eleventh Circuit · 2014
  3. United States v. David HusmannCourt of Appeals for the Third Circuit · 2014
  4. United States v. Jose Andaverde-TinocoCourt of Appeals for the Fifth Circuit · 2013
  5. United States v. Jason ScottCourt of Appeals for the Fifth Circuit · 2016

38 more not listed; retrieve them via the Exa API.

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