The defendant in a recent Third Circuit case argued he should have been given a two-level sentencing enhancement, rather than a five-level, because he did not intentionally distribute child pornography. He admitted to configuring his file sharing program to share images of child pornography, but he claimed that he planned to "intervene and manually [] cancel each attempted upload." Unfortunately for him, at least one image was downloaded by another user.
This argument was rejected because he could have configured the program not to share the files or he could have just not opened the program. The case is United States v. Corbett, 453 Fed. Appx. 226 (3rd Cir. 2011).
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