United States v. Agustin Hernandez

Agustín Camarena Hernandez used a peer-to-peer file-sharing network to share and download child pornography. Hernandez shared some of his child pornography with two undercover FBI Special Agents. After agents searched Hernandez’s residence and confiscated his computer, they discovered over 11,000 videos and images of child pornography. Many involved girls under the age of twelve, and some as young as nine months old.

Hernandez pled guilty to two counts of possession of child pornography. He was thereafter convicted in a bench trial of two counts of distribution of child pornography. The district court sentenced Hernandez to 262 months in prison and lifetime supervised release. On appeal, Hernandez challenges his sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm in almost all respects.

I. Background

Hernandez amassed a large collection of over 11,000 child pornography videos and images, some of which he shared using a GigaTribe account. GigaTribe is a peer-to-peer file-sharing network that enables its users to share digital files (image, video, or audio) with other users via the Internet. Under GigaTribe’s default setting, a…