United States v. Robinson

2 Analyses of this case by attorneys

  1. The U.S. Sentencing Commission Continues to Make Fundamental Fixes to the Sentencing Guidelines

    The Law Offices of Alan ElllisAlan EllisJuly 22, 2016

    In contrast, “[t]he Second, Fourth, and Seventh Circuits have held that the 2-level distribution enhancement requires a showing that the defendant knew of the file-sharing properties of the program.” See 2016 Amendments at 11 (citing United States v. Baldwin, 743 F.3d 357, 361 (2d Cir. 2015) (requiring knowledge); United States v. Robinson, 714 F.3d 466, 468 (7th Cir. 2013) (knowledge); United States v. Layton, 564 F.3d 330, 335 (4th Cir. 2009) (knowledge or reckless disregard).The Commission adopted the approach of the Second, Fourth and Seventh Circuits so that now, in order for the distribution enhancement to apply, there must be a showing that “the defendant knowingly engaged in distribution.”

  2. Defendant’s Sentence Cannot be Enhanced Under the Distribution Guideline for Making Files Available to Download by Others Via Sharing Software Unless There is Proof the Defendant Knew Such Files Were Available for Download by Others

    Federal Public Defender for the Central District of illinoisFebruary 3, 2016

    United States v. Robinson, 714 F.3d 466 (7th Cir. 2013). In possession of child pornography offense, the Court of Appeals held that a defendant’s sentence cannot be enhanced under the distribution guideline for making files available to download by others via sharing software unless there is proof the defendant knew such files were available for download by others.