3/30/2024 0 Comments GigaTribe Forensic Guide![]() Procedural History On January 8, 2013, a grand jury in the Northern District of Ohio returned an indictment against Miezin on two counts: (1) knowingly distributing computer files containing visual depictions of real minors engaged in sexually explicit conduct, in violation of 18 U.S.C. A forensic analysis of the laptop s hard drive indicated that it contained approximately thirty-five photographs and seventeen video files (equivalent to 1,275 images) depicting prepubescent males engaged in sexually explicit conduct. On April 7, 2011, officers executed a search warrant at Miezin s residence and seized his laptop computer. On eleven separate occasions from April 27, 2010, through February 25, 2011, undercover federal law-enforcement officers downloaded image and video files depicting real minors engaged in sexually explicit conduct from Miezin s computer. Miezin would then delete Gigatribe and the images from his computer until the next time he wanted to access child pornography. ![]() Through chat conversations or by viewing and selecting from other users shared folders, Miezin used Gigatribe to receive and distribute visual depictions of prepubescent males engaged in oral-togenital contact, anal intercourse, digital penetration, and the lascivious exhibition of their genitals. Gigatribe users can also use the program to chat with other users and to share image files. Users can add other users to their network via private invitations that, if accepted, allow both the inviter and the invitee to access one another s shared files. Gigatribe allows its users to create their own private network of contacts, and file sharing is limited to those users who are included in the user s private network. Factual Background Using the internet, Miezin repeatedly downloaded a peer-to-peer file-sharing program, known as Gigatribe, to communicate with other individuals involved with child pornography and to exchange computer files containing the same. For the reasons discussed below, we AFFIRM Case No. Miezin appeals his sentence on two grounds: (1) that the Government breached the plea agreement in its sentencing memorandum and at the sentencing hearing by arguing for a sentencing enhancement that was contrary to the terms of the agreement and (2) that the district court erred in applying the enhancement. Following a guilty plea on a childpornography charge, the district court sentenced Richard J. HUNT, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO OPINION BEFORE: DAUGHTREY, ROGERS, and DONALD, Circuit Judges. ![]() 13-4219 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0783n.06 FILED Case No.
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