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U.S. v. RICHARDSON

No. 11-20773.

713 F.3d 232 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Bennie E. RICHARDSON, IV, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 1, 2013.

Attorney(s) appearing for the Case

Paula Camille Offenhauser , Renata Ann Gowie , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

David Adler , Bellaire, TX, for Defendant-Appellant.

Before DAVIS, GRAVES, and HIGGINSON, Circuit Judges.

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...

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