United States v. Dunn, 777 F.3d 1171 (10th Cir. Feb. 10, 2015)
Defendant used peer-to-peer file-sharing software Limewire to download child pornography. The software’s default settings make the user’s files available for search and download by other Limewire users. Defendant argued that making files available as a result of the software’s default settings does not support a conviction for distribution of child pornography. The Tenth Circuit rejected that assertion and affirmed his conviction, reasoning that passively making files available on the Internet satisfies intent requirement of the crime of distribution of child pornography.