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U.S. v. HUSMANN

No. 13-2688.

765 F.3d 169 (2014)

UNITED STATES of America, v. David George HUSMANN, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 3, 2014.

Attorney(s) appearing for the Case

Zane David Memeger, Esq. , Robert A. Zauzmer, Esq. , [ARGUED], Michelle Rotella, Esq. , Office of the United States Attorney, Philadelphia, PA, for Appellee, United States of America.

Theodore C. Forrence, Jr., Esq. , [ARGUED], Kenneth C. Edelin, Jr., Esq. , Philadelphia, PA, for Appellant, David George Husmann.

Before: FUENTES, GREENBERG, and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

David George Husmann placed various images of child pornography in a shared computer folder connected to a file sharing network. Based on that conduct, a jury convicted him of three counts of distributing child pornography. At trial, the government did not present evidence that any person had actually downloaded or obtained the materials that Husmann made available. The issue we address is whether the mere act...

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