United States v. Ryan

Illinois police used a peer-to-peer file sharing program to download child pornography from a computer in Ryan’s home. The FBI obtained a warrant, searched Ryan’s home, and found a computer that contained peer-to-peer file sharing programs that had been used to download hundreds of child pornography files, plus a program used to block user-specific IP addresses from seeing the user’s activity or shared files, a list of what appeared to be law enforcement IP addresses, a program that encrypts peer-to-peer communications, and a folder with many images and videos of child pornography. Ryan was charged. Ryan invoked his right to trial by jury. Five days before trial, defense counsel moved to substitute counsel. At a hearing, Ryan testified that he had lost confidence in counsel and was frustrated with his inability to contact him. The court denied the motion. At trial, Ryan claimed the images must have been downloaded by his cousin who had access to his computer. The court sentenced Ryan to 157 months’ imprisonment, including an enhancement for knowingly distributing child pornography, and ordered the forfeiture of Ryan’s computer. The Seventh Circuit affirmed. The court did not abuse its discretion in denying Ryan’s motion to substitute counsel. The sentencing enhancement was appropriate, based on the jury’s conviction and the use of sophisticated software; Ryan knew or was reckless in failing to discover others could download his files. View "United States v. Ryan" on Justia Law