Bailey Warren Lowe v. United States

Under U.S. Sentencing Guidelines § 2G2.1, a two-level enhancement applies when a defendant knowingly engages in the “distribution” of child pornography, and not its “mere solicitation.” The distribution enhancement also applies if the defendant aided, abetted, commanded, or induced the distribution. The question presented is: Is a defendant’s request for child pornography from a minor “mere solicitation” and not “distribution” if the defendant does not disseminate the child pornography to another person after he receives it?