United States v. Williams

This appeal presents the question of whether a defendant can be convicted under 18 U.S.C. § 2251 (d)(1)(A) if he does not produce the child pornography which he advertises or offers to distribute. We conclude that he can, and we affirm the judgment of the district court.

I

Williams psed peer-to-peer file software to post and share more than 5,000 images of prepubescent children engaged in sexually explicit conduct. FBI agents repeatedly accessed these photos, eventually identified Williams as the owner of the files, and executed a search warrant of Williams’s mobile home. There, they discovered a number of suspicious items, including x-rays depicting young boys’ genitalia, a guide for interacting with boys, schedules for youth sporting events, photos of young boys at swimming tournaments, and bags of young boys’ bathing suits, underwear, and pajamas. Following the search, Williams admitted that he used internet networks to view and share child pornography.

A grand jury subsequently indicted Williams for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), distribution of child pornography . in violation of 18 U.S.C. § 2252A(a)(2)(B), and…