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Conviction and sentence for possessing one or more photographs and other matter containing images of child pornography is affirmed where: 1) users of peer-to-peer file sharing software do not have a reasonable expectation of privacy in files they make available to others using the software, and the warrantless search of defendant's computer through the software did not violate his Fourth Amendment rights; 2) the affidavit submitted by law enforcement in support of the search warrant established probable cause; 3) defendant's prior conviction for attempted sexual assault on a child was sufficient to invoke the mandatory minimum sentence under 18 U.S.C. sec. 2252(b)(2); 4) the court did not err in applying the five-level enhancement under U.S.S.G. sec. 2G2.2(b)(3)(B) as the government produced sufficient evidence to prove defendant expected to receive child pornography when he used the software; 5) sentence was not unreasonable; and 6) special conditions of supervised release which controlled defendant's contact with children, access to pornography and use of the Internet and cameras were related to his offense and were reasonable measures to protect the public.
Appeal from the United States District Court for the District of Nebraska.
Submitted: May 13, 2009
Filed: August 14, 2009
Before RILEY, SMITH, and COLLOTON, Circuit Judges.
Opinion by SMITH, Circuit Judge.