UNITED STATES OF AMERICA v. RONALD MILTIER
US Court of Appeals for the Fourth Circuit, Floyd, Feb. 7, 2018,
Possession of Child Pornography – The “interstate transport” requirement can be satisfied by showing either that the files on the computer were transported interstate or that the computer containing the files was transported in interstate commerce.
(Concur – King- would find harmless error)
Facts:
Miltier used a peer-to-peer file-sharing program known as ARES to receive and share files on the internet.
In 2013, the FBI found child pornography on Miltier’s ARES account. A search warrant was obtained and executed, resulting in seizure of a laptop and thumb drive that were later found to contain child pornography.
Both of these items were found in Miltier’s bedroom.
Digital forensic examination of the computer showed evidence in the computer’s search history indicating that Miltier used the computer to conduct internet searches, including searches for terms related to Miltier’s federal job, his car, and roof repair―which is what Miltier was doing when agents executed the search warrant. Searches related to roof repair were conducted at approximately 9:06 PM, and on the same day, from approximately 8:39 PM to 9:17 PM, seven files that appear to be child pornography finished downloading on the computer from Ares.
Additionally, Miltier admitted knowing about the Ares peer file sharing program that was used to download the illicit files, his wife Lori denied all knowledge of the Ares program, and the program was not installed on any other computer in the house. There was also evidence the computer was used to search for child pornography, including the illicit files themselves and an extensive list of search terms indicative of child pornography―for example, searches for “preteen porn,” “pedo videos,” “pedo,” “young girl,” “child porn,” “preteen,” and “illegal” were all conducted on the computer.
While most of the child pornography appeared on the ARES “downloaded files” list, two did not. However, these two files originated in the same “MY SHARED FILES” folder as all other ARES downloads and information about these files was retrieved from ARES file data that had been moved to the computer’s Recycle Bin.
At trial, the judge instructed the jury that they could find that the child pornography was transported in “interstate or foreign commerce” if either the files were sent/received in interstate commerce or the computer containing the files had moved in interstate commerce.
Miltier was convicted and sentenced to 120 months with supervised release for life.
Miltier appealed, arguing that there was insufficient evidence to show that all the child pornography in his possession was received in “interstate or foreign commerce.”
Held: The Fourth Circuit held that there was more than enough evidence to show that Miltier knowingly received the files from the internet. Conviction affirmed.
Possession of Child Pornography – It is illegal to (1) knowingly (2) receive or possess child pornography (3) using any means in or affecting interstate or foreign commerce, including by a computer.
Possession of Child Pornography – To satisfy the “knowing” element under these provisions, the government must present sufficient evidence such that a rational juror could find that the defendant had knowledge of “the sexually explicit nature” of the material as well as the fact that a minor was involved in its production
Possession of Child Pornography – Interstate Nexus – Use of the internet to download/view child pornography qualifies as “interstate commerce”