Legal Opinion
United States v. Joseph Lawrence
Court of Appeals for the Fifth Circuit
Decided April 8, 2019No. 18-20149PublishedCited by 8 opinions
1Opinion of the Court
WIENER, Circuit Judge:
Defendant-Appellant Joseph Bret Lawrence pleaded guilty to receipt and possession of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(B) and (a)(5)(B). He did not plead guilty to the additional charge of distributing child pornography, but the district court applied a two-level sentence enhancement under U.S.S.G § 2G2.2(b)(3)(F) for such distribution.
This court previously held that § 2G2.2(b)(3)(F) did not require scienter: A defendant's use of a peer-to-peer file sharing network triggered the enhancement, with or without the defendant's knowledge. Congress…
2Cases cited13 opinions
- Blackledge v. AllisonSupreme Court of the United States · 1977
- K-Beech, Inc. v. John Does 1-37District Court, E.D. New York · 2012
- United States v. LaytonCourt of Appeals for the Fourth Circuit · 2009
- United States v. Shawn SerfassCourt of Appeals for the Fifth Circuit · 2012
- United States v. DurhamCourt of Appeals for the Eighth Circuit · 2010
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Eleazar Perez-MateoCourt of Appeals for the Fifth Circuit · 2019
- United States v. Walter Jordan, IIICourt of Appeals for the Fifth Circuit · 2019
- United States v. LeCourt of Appeals for the Fifth Circuit · 2025
- United States v. Phillip HortonCourt of Appeals for the Fifth Circuit · 2021
- United States v. Phillip HortonCourt of Appeals for the Fifth Circuit · 2020
3 more not listed; retrieve them via the Exa API.