U.S. v. SHAFFER

No. 06-3145.

472 F.3d 1219 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron SHAFFER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 3, 2007.


Attorney(s) appearing for the Case

Christopher M. Joseph, Joseph & Hollander, P.A., Topeka, KS, for Defendant-Appellant.

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Christine E. Kenney, Assistant United States Attorney, on the brief), Topeka, KS, for Plaintiff-Appellee.

Before MURPHY, McKAY, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

Aaron Shaffer challenges his conviction for distribution and possession of child pornography, see 18 U.S.C. §§ 2252A(a)(2), 2252A(a)(5)(B), on four grounds. Primary among these, Mr. Shaffer claims that he did not, as a matter of law or fact, "distribute" child pornography when he downloaded images and videos from a peer-to-peer computer network and stored them in a shared folder on his computer accessible

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