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U.S. v. Spriggs, No. 10-14919 (11th Cir.) (666 F.3d 1284) (January 10, 2011) (Judge Charles R. Wilson)

Here the Court held that the mere use of a file-sharing program to download child pornography from the Internet does not, by itself, establish a transaction that will support the five-level sentencing enhancement called for by U.S.S.G. 2G2.2(b)(3)(B).

The issue raised in this case was whether the sentence enhancement provided ...

 

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