Beruflich Dokumente
Kultur Dokumente
No. 13-4707
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:13-cr-00119-CCE-1)
Submitted:
Decided:
August 4, 2014
PER CURIAM:
Jack Steven Vanlaar pled guilty, pursuant to a written
plea
agreement,
to
distribution
of
child
pornography,
in
He
thing
of
value,
but
not
for
pecuniary
gain
under
U.S.
Finding
review
there
reasonableness,
Gall v.
U.S.
significant
first
no
for
error,
States,
is
sentence
procedural
United
that
38,
51
(2007).
When
evaluating
for
clear
error
and
its
legal
conclusions
de
novo.
United States v. Strieper, 666 F.3d 288, 292 (4th Cir. 2012).
The
Guidelines
provide
multiple
categories
of
distribution
a
for
thing
a
of
for
the
value,
five-level
receipt,
but
not
or
for
enhancement
of
Among these
expectation
pecuniary
under
of
gain
USSG
Guidelines
possession
define
with
distribution
intent
to
as
distribute,
any
act,
production,
of
minor.
material
USSG
involving
2G2.2
cmt.
the
n.1.
sexual
The
exploitation
definition
of
includes
file-sharing
Id.
program
as
distribution
under (F).
Cir. 2009).
folder
knowledge
with
that
others
could
access
the
child
gain
as
any
transaction,
including
bartering
or
other
in-kind
transaction
that
is
conducted
for
thing
of
As an
the
child
pornographic
material
received
in
exchange
for
does
Id.
not
dispute
that
he
distributed
child
of
receiving
something
in
return.
Vanlaars
(B)
Government
chat
logs
submitted
and
evidence
presented
the
in
the
testimony
form
of
of
the
In
United States v. McManus, 734 F.3d 315 (4th Cir. 2013), the
court addressed the five-level enhancement challenged here.
The
district court did not have the benefit of McManus when it made
4
enhancement
requires
of
sufficient
Id.
at
322.
McManus
addressed
the
GigaTribe
However,
his
folders
individualized
only
evidence
to
and
did
not
demonstrate
present
intent
any
to
actual
distribute
Id. at 322.
We
suggested
in
McManus
what
evidence
individualized
intent
by
might
be
showing
that
user
Id. at 322.
We noted
the
Government
should
be
able
to
gather
actual
by
seizing
defendants
other users.
chat
logs
with
undercover
agents
and
Id.
works, as the district court noted, one user must first provide
a
password.
The
system
does
not
appear
to
be
set
up
for
It was Vanlaars
not provide his password to another user when the first user did
not have any files that he wanted to view.
The facts in the record indicate that, at the very
least,
Vanlaar
had
the
expectation
that
in
distributing
his
conclude that the district court did not clearly err in finding
that Vanlaar possessed the requisite expectation necessary for
applying the (B) enhancement.
6
Accordingly,
dispense
with
contentions
are
oral
we
affirm
argument
adequately
Vanlaars
because
presented
in
the
the
sentence.
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED