Christopher Scruggs v. United States
JusticiabilityDoctri
Whether 'knowingly engaged in distribution' in sentencing guideline 2G2.2(b)(3)(F) requires knowledge that files are accessible online or only general knowledge of file-sharing software
QUESTION(S) PRESENTED . The Sentencing Commission promulgated ‘Amendment 801, amending . enhancement 2G2.2(b)(3)(F) to only apply when a= defendant : "knowingly engaged in distribution." In so doing it imposed a mens rea level of knowledge on the conduct. The question | , : presented is: co: 1. Whether "knowingly engaged in distribution," as it occurs in sentencing gtideline 262.2(b) (3) (F), means that a : defendant must have knowledge that ones files are : accessible online, or whether it is enough that one have ; : : general knowledge that the software one is using is file— sharing capable software. ; | ; * : . . _ . .