USA v. O'Quinn

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUG 4, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-15809
Non-Argument Calendar
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D.C. Docket No. 1:10-cr-00021-SPM-AK-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES MICHAEL O’QUINN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(August 4, 2011)
Before TJOFLAT, PRYOR and FAY, Circuit Judges.
PER CURIAM:
James O’Quinn appeals his sentence of 108 months of imprisonment for
receiving and distributing child pornography. 18 U.S.C. § 2252A(a)(2)(A), (b)(1).

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O’Quinn challenges the two-level enhancement of his sentence for distributing
child pornography, United States Sentencing Guidelines Manual § 2G2.2(b)(3)(F)
(2009), and the denial of his corresponding request for a two-level reduction of his
sentence on the ground that he intended only to solicit and receive the
pornographic materials, id. § 2G2.2(b)(1). We affirm.
The district court did not err when it enhanced O’Quinn’s sentence for
distributing child pornography and denied his corresponding request for a
reduction of his sentence. O’Quinn pleaded guilty to Count One of his indictment
that charged him with “knowingly receiv[ing] and distribut[ing] and attempt[ing]
to receive and distribute child pornography,” and he was subject to a two-level
increase of his sentence for distributing that contraband, id. § 2G2.2(b)(3)(F). The
commentary to section 2G2.2 provides that “distribution includes posting material
involving the sexual exploitation of a minor on a website for public viewing.” Id.
cmt. n.1. O’Quinn admitted during his sentencing hearing that he “ma[d]e [the]
[child pornography] files [on his computer] available” for “public viewing”
through a file-sharing program called Limewire.
We AFFIRM O’Quinn’s sentence.
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