There is no evidence in the record to indicate how the FBI agent gained access to McManus s restricted shared folder. downloaded some of these files 2 from An FBI agent McManus s Gigatribe account, leading to McManus s arrest and indictment. McManus created a shared folder and populated it with the files of child pornography he possessed. and maintain images and videos of Gigatribe allows users to share files with invitation whom they have and acceptance become feature friends of the A user is not able to see or access another user s files unless: 1) one user has invited the other and the other has accepted the invitation and 2) the other user maintains a shared folder, accessible to friends, that is populated with files.
McManus used a file-sharing computer program known as Gigatribe to acquire child pornography. the that the applicable For the reasons that follow, we vacate and remand for resentencing. McManus appeals district his court sentence improperly on the ground calculated Sentencing Guideline range. He was sentenced to 72 months imprisonment and a subsequent 10 years supervised release. DUNCAN, Circuit Judge: William Devon McManus pleaded guilty to one count of Possession of Child Pornography in violation of 18 U.S.C. ON BRIEF: Ripley Rand, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Ramaswamy, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. ARGUED: Eugene Ernest Lester, III, SHARPLESS & STAVOLA, PA, Greensboro, North Carolina, for Appellant. Judge Duncan wrote the opinion, in which Judge Gregory and Judge Wilson joined. Vacated and remanded for resentencing by published opinion.
WILSON, United States District Judge for the Western District of Virginia, sitting by designation. (1:12-cr-00174-CCE-1) Argued: SeptemDecided: OctoBefore GREGORY and DUNCAN, Circuit Judges, and Samuel G. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. WILLIAM DEVON MCMANUS, Defendant - Appellant. 12-4901 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.
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