## Facts

- Law enforcement investigating online child-pornography activity used LimeWire, a peer-to-peer file-sharing program, and searched for “preteen.”
- An officer connected to a user’s IP address, reviewed the list of files being shared, and confirmed at least two files contained child pornography; the user was identified as William Ralph Dodd.
- Agents executed a search warrant at Dodd’s home and found seventeen videos containing child pornography on his computer.
- Dodd was charged with distributing, receiving, and possessing child pornography, but pleaded guilty to knowing receipt and possession under 18 U.S.C. §§ 2252(a)(2), (a)(4); the distribution count was dismissed.
- At sentencing, the district court applied a two-level enhancement for “distribution” under U.S.S.G. § 2G2.2(b)(3)(F) and a four-level enhancement for material portraying “sadistic or masochistic conduct or other depictions of violence” under § 2G2.2(b)(4), then imposed a below-Guidelines sentence of 151 months.
- Dodd appealed, asserting procedural error in applying both enhancements.

## Issues

1. Whether § 2G2.2(b)(3)(F)’s two-level “distribution” enhancement applies when a defendant uses peer-to-peer software and stores child-pornography files in a shared folder, but claims lack of knowledge that others could access the files.
2. Whether § 2G2.2(b)(4)’s four-level enhancement applies based on videos depicting adult sexual penetration of prepubescent children as “sadistic or masochistic” or “depictions of violence.”

## Decision

- The Eighth Circuit affirmed the sentence.
- The court held the district court did not clearly err in finding Dodd engaged in “distribution” by making files available through LimeWire’s shared folder and reasonably inferring Dodd’s awareness of the program’s sharing function.
- The court held the district court properly applied § 2G2.2(b)(4) where the videos depicted adult vaginal or anal penetration of prepubescent children, which circuit precedent treats as inherently sadistic or violent.
- The court applied de novo review to Guidelines interpretation and clear-error review to sentencing fact findings, finding no procedural error.

## Legal Principles

- For U.S.S.G. § 2G2.2(b)(3)(F), “distribution” may include knowingly making child-pornography files available to others through a peer-to-peer shared directory; awareness may be inferred from use of file-sharing software absent evidence of ignorance.
- Under U.S.S.G. § 2G2.2(b)(4), depictions of adult sexual penetration of prepubescent children qualify as “sadistic or masochistic conduct” or “depictions of violence” based on circuit precedent.
- On sentencing appeals, Guidelines interpretation is reviewed de novo, and factual findings supporting enhancements are reviewed for clear error; erroneous enhancement application constitutes procedural error.

## Conclusion

The Eighth Circuit upheld sentence enhancements for peer-to-peer distribution and for inherently sadistic or violent content, concluding the district court reasonably inferred knowledge of LimeWire’s sharing function and correctly treated adult penetration of prepubescent children as qualifying material under § 2G2.2(b)(4).


United States v. Dodd, 598 F.3d 449 (8th Cir. 2010)