United States v. Erik Hentzen

638 F. App'x 427
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 17, 2015
Docket14-6153
StatusUnpublished
Cited by5 cases

This text of 638 F. App'x 427 (United States v. Erik Hentzen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Erik Hentzen, 638 F. App'x 427 (6th Cir. 2015).

Opinion

OPINION

JANE B. STRANCH, Circuit Judge.

Erik Hentzen was convicted, after a jury trial, of receipt and possession of child pornography in violation of 18 U.S.C. § 2252(a)(2) and (a)(4) and was sentenced to 20 years in prison. He now challenges his conviction, arguing that the prosecution’s evidence was insufficient and that a non-contraband video was improperly admitted into evidence. He also contends that his sentence is procedurally and substantively unreasonable. We agree that the video was improperly admitted, but find the error to be harmless. Because Hentzen’s remaining arguments are without merit, we affirm the judgment and sentence of the district court.

I. BACKGROUND

Hentzen was a 25-year-old student at the University of Kentucky with a strong interest in computers. In his apartment, he had seven'computers and 17 related devices. These devices could store seventeen terabytes—or 17,000 gigabytes—of data. He avidly collected music and video files, including pornography, using various peer-to-peer networks, among other means. One of the peer-to-peer networks that he used was called eDonkey, which he accessed using a software client named eMule.

The Kentucky Attorney General’s Cyber Crimes Unit monitors eDonkey and other peer-to-peer networks to find people who share and distribute child pornography. The Unit uses automated software to search the networks for keywords that are associated with child pornography, documenting the IP addresses of computers that are sharing files with those keywords and the “hash values” of those files. Using the hash value, which is a unique fingerprint for each file, the Unit can identify files that match known child pornography files. With this system, an agent found that a large number of child pornography files were being shared from a particular IP address between September and November 2012. The agent identified the address as belonging to an unsecured internet router in Hentzen’s apartment building and traced the files to a laptop in Hentzen’s apartment as the computer that was sharing the files. The laptop was on the keyboard tray, running while closed.

When the agent found the laptop, he saw that several of the recently downloaded files appeared to be child pornography. The agent seized all of Hentzen’s computing devices and submitted them for forensic examination. The forensic examiners found child pornography files on the laptop, a desktop computer, and two external hard drives. The investigators found 6,536 child pornography videos and 554 child pornography images on the various devices, including those files that had been deleted. (It is not clear whether each of these files was unique.) They also found a digital catalogue for child pornography and three copies of an animated virtual child pornography video depicting a child engaging in sexual activity with an adult man.

*429 At trial, Hentzen stipulated- that child pornography files had been found on his computer and that they had been transported in interstate commerce over the internet. The only contested issue at trial was whether Hentzen knew that the files were child pornography when he downloaded and possessed them.

As evidence that Hentzen knew that he was downloading child pornography, the government presented a document representing his last 30 searches on eMule. The search terms included “a number of commonly found child sexual abuse keyword terms,” and each term had been entered individually. The government also presented evidence that two of the still images had been opened in Internet Explorer (or Windows Explorer) and that a folder containing some of the files had been opened using a view that would show thumbnails of the videos and images. Part of the government’s theory was also that Hentzen was intentionally using his neighbor’s wireless router and storing the laptop that downloaded files in his keyboard tray in order to hide his downloading activity. (The government presented no evidence that Hentzen had not also downloaded files using his own wireless connection.)

During its case in chief, the government introduced into evidence several examples of the files found on Hentzen’s computer. These files included nine child pornography videos, portions of which were played for the jury, as well as the catalogue. The examples included recordings of adult men sexually abusing young girls—in one video, an infant. Another video depicted a girl forced to engage in sexual activity with an animal.

The government also presented the animated video, after filing a notice of intent to use other act evidence. At a pretrial conference, Hentzen objected to the admission of the video but the district court overruled the objection. The court agreed to admit the evidence “for the sole purpose of defining or demonstrating the defendant’s knowledge that ... the materials he had were child pornography as opposed to child erotica.” In its written minute entry, the court ordered the exhibit admitted as “relevant to prove the defendant’s knowledge that the materials he possessed were child pornography.” During the trial, the video was introduced as a “thing[] that would indicate a user’s interest in children” and described as a “grooming video” that would be used “for grooming small children to accept sexual conduct with adults.” The title of the video, “NewüPthlolal—Show This Training Video To Your Daughter To Get Her Ready!!— Hussy,” was also presented to the jury. After the video was shown to the jury, the court gave a limiting instruction that the jury should consider it “only as it relates to the government’s claim on the defendant’s knowledge and intent to receive and possess child pornography.” The court further instructed the jury: “Remember that the defendant is only on trial for receipt and possession of actual child pornography, and not for the other crimes related to child—or other acts, excuse me, related to child erotica.” The limiting instruction was repeated as part of the final jury instructions. The government did not refer to the video during its closing. Hentzen did not make any other objections to the questioning regarding the video, the limiting instruction, or the video’s eventual admission.

Hentzen testified on his own behalf and maintained that he did not know that the files he was downloading were child pornography. He testified that he believed that the files had gotten onto his computer in two ways. First, he ran a side business fixing friends’ computers and would copy all of their media files to his hard drives *430 when he did so. Second, he testified that he would trawl the internet and other sources for “top ... searches of the day” and developed a text file of all possible pornography keywords. He would then copy each of the words into the eMule search box and download any files that the program' told him he did not have. He maintained that he would generally not look at the names of files—merely the statistics on how big it was and how quickly it could download to his computer. He also testified that he had downloaded at least 100,000 media files to his computer, and had not watched most of the files. Instead, he would immediately open 25 different files at once, to see if any of the files prompted an alert that it was corrupted or contained a virus.

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Cite This Page — Counsel Stack

Bluebook (online)
638 F. App'x 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-erik-hentzen-ca6-2015.