Professional Documents
Culture Documents
No. 12-4918
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Alexander Williams, Jr., District
Judge. (8:11-cr-00552-AW-1)
Submitted:
Decided:
PER CURIAM:
Charles Johnson appeals his convictions and subsequent
ninety-six-month sentence for receipt of child pornography, in
violation of 18 U.S.C.A. 2252A(a)(2) (West Supp. 2012), and
for possession of child pornography, in violation of 18 U.S.C.A.
2252A(a)(5)(B) (West Supp. 2012).
conviction
court
for
receiving
inadequately
them;
explained
and
its
(4)
chosen
that
the
sentence.
conclusions
underlying
suppression
determination
are
clear error.
of
Miranda
v.
Arizona,
384
U.S.
436
(1966),
we
leave, that he was interviewed in his own bedroom, that the door
to his bedroom was left open throughout the interview, and that
the
two
agents
interviewing
him
never
handcuffed
him
or
United States v.
Hargrove, 625 F.3d 170, 178 (4th Cir. 2010); United States v.
Colonna,
511
F.3d
431,
435
(4th
Cir.
2007).
See
United
States v. Uzenski, 434 F.3d 690, 705 (4th Cir. 2006); United
States
v.
therefore
Parker,
reject
262
F.3d
Johnsons
415,
419
argument
(4th
that
Cir.
the
2001).
district
We
court
viewed
child
pornography
only
in
the
course
of
conducting
or
disproportionate
that
it
deprived
him
of
United States v.
Accord
Boland v. Holder, 682 F.3d 531, 536 (6th Cir. 2012); United
States v. Holm, 326 F.3d 872, 874-75 (7th Cir. 2003).
To the extent that Johnsons testimony could tend to
refute the Governments case that he knowingly downloaded the
illicit materials that he viewed online, see 2252A(a)(2), the
asserted
purpose
motivating
Johnsons
online
conduct
is
only
images
he
viewed
online
would
be
downloaded
to
his
Thus,
even
if
the
district
courts
ruling
was
325, 326 (2006); United States v. Stever, 603 F.3d 747, 755 (9th
Cir. 2010).
behalf,
we
reject
his
claim
that
the
district
courts
under
18
U.S.C.A.
2252A(a)(2),
[r]eceiving
217 (4th Cir. 2012), cert. denied, 133 S. Ct. 899 (2013).
We agree with Johnson that the jury instruction was
erroneous
inasmuch
as
it
relied
upon
single
sentence
in
See id.
See
United States v. Osborne, 935 F.2d 32, 34 n.2 (4th Cir. 1991)
(observing that a defendant had received child pornography where
he achieved the power to exercise dominion and control over
it).
receive
child
pornography
by
viewing
it
online
with
the
hard
drive,
even
if
he
does
not
actively
or
phrased
in
this
particular
case
improperly
defined
as
even
instructions
2252A(a)(2)
long
if
as
he
he
did
thereby
that
the
knowingly
not
viewed
knowingly
eliminated
the
Government
prove,
illicit
receive
materials
them.
requirement
The
under
circumstantially
or
be
saved
possession.
to
his
computer
or
otherwise
come
into
his
only
to
harmless
error
on
the
circumstances
of
this
United States v. Hornsby, 666 F.3d 296, 305 (4th Cir. 2012).
Axiomatically,
whether
defendant
knew
that
images
viewed
F.3d at 698; United States v. Pruitt, 638 F.3d 763, 766 (11th
Cir. 2011); United States v. Flyer, 633 F.3d 911, 919 (9th Cir.
2011); United States v. Dobbs, 629 F.3d 1199, 1201 (10th Cir.
2011); United States v. Bass, 411 F.3d 1198, 1205 (10th Cir.
2005).
Here, by contrast, the issue of Johnsons knowledge
was not a close call.
the jury heard evidence that he had repeatedly sought and viewed
child pornography online and had even created a Microsoft Word
document
into
which
he
copied
and
pasted
child
pornography
improper
jury
instruction
was
exacerbated
by
his
failure
to
Johnsons
adverse
effect
decision
not
on
strength
the
to
testify
of
may
his
As a result,
have
had
rebuttal
to
some
the
explanation
of
its
chosen
sentence
insufficiently
court
Manual
should
have
(USSG)
enhancements
2G2.2
for
characteristics.
disregarded
U.S.
Sentencing
Guidelines
as
unfairly
imposing
outsized
relatively
trivial
specific
offense
before it, Rita v. United States, 551 U.S. 338, 359 (2007), its
explanation
was
elaborate
enough
to
allow
[this
court]
v.
(internal
Montes-Pineda,
quotation
445
marks
F.3d
375,
omitted).
380
We
(4th
United
Cir.
therefore
to
2006)
reject
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
10