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United States v. Warren

United States Court of Appeals, Seventh Circuit

December 5, 2016

United States of America, Plaintiff-Appellee,
v.
Kristopher Warren, Defendant-Appellant.

          Argued September 28, 2016

         Appeal from the United States District Court for the Western District of Wisconsin. No. 15-cr-56-wmc - William M. Conley, Chief Judge.

          Before POSNER, Flaum, and Manion, Circuit Judges.

          Flaum, Circuit Judge.

         Kristopher Warren pled guilty to transporting and possessing child pornography and was sentenced to five years' imprisonment and fifteen years' supervised release. The district court entered an order modifying Warren's conditions of release pursuant to 18 U.S.C. § 3583(e). Warren challenged three of the conditions, and the district court dismissed his objections. We affirm.

          I. Background

         Between September 18, 2003, and October 7, 2003, Warren moderated a Yahoo! Group originally named "FunFotos4all." Warren founded this group, established its rules, and frequently changed the group's name to evade enforcement of Yahoo! Group rules. During this time period, Warren posted to the group 117 images of child pornography, including images titled "9yococksuck[l].jpg, " "12yoBondage.jpg, " and "14yo girl-bound and gagged.jpg"; images of prepubescent and minor girls exposing their genital areas and being vaginally or orally penetrated by adult male penises; and at least one image of a prepubescent girl being anally penetrated by a minor boy. After images were posted to the group, Warren sorted them into albums with titles such as "ForcedorTieduporCrying, " "hots Toys-R-US, " and "virgin." He also posted notices and comments to the group, including requests for "new" images of child pornography that had not been previously viewed on the Internet. The following are examples of Warren's comments:

• On September 19, 2003: "I have changed the name, and made this a restricted group in hopes that it stays open longer. Members are now required to send 2 pictures to obtain and keep membership."
• On September 23, 2003: "I added a ton of pics and regrouped them all so they're easier to find. Please add a photo or two to the 'Add new pict here' folder and I will sort them. I think the group looks pretty good right now but we could use some more pics. I'm rejected [sic] any new members who haven't added pics and I'll go through the members who are dead beats later in the week. Post away!!!!"
• On September 24, 2003: "Anyone interested in young braless candid, or web cam hardcore? Please post and I'll start a folder."
• On September 28, 2003: "Added a ton, but need some more help on pics - the photo albums are looking good but we're a little light in some areas. CANDID: Nips showing through shirts, swimsuits, or bras, or any personal ones, or stuff that hasn't made the rounds and is of the right age, lets [sic] add them to our collection. FORCEDORTIEDORCRYING: Anyone have some good young stuff. We don't have many crying pics yet. Any pics you want to add to the ADDNEWPICS folder would be appreciated. GOOD WORK EVERYONE, Your moderator."
• On September 28, 2003: "I forgot one photo album that is really weak, VIRGINS. People have been sending me a lot of requests so please send in your pics. Anything with unbroken hymens, or popping a cherry for the first time is good. Nothing will be rejected."
• On September 30, 2003: "Real High school girls age 14-17. No pictures that have made their way around the internet. The pics must be very sexy and will be deleted if they are not. Send a few to join."

         In February 2004, agents executed a search warrant at Warren's residence and seized his computer. A partial review of the images on Warren's computer revealed 263 images and one video of child pornography, 135 images of child erotica, 297 images of subjects of an undetermined age engaging in sexually explicit conduct, and 949 images of adult pornography. During his interview with the FBI, Warren admitted that he was part of the forum and that the child pornography on the computer belonged to him.

         From the time of his confession until 2009, Warren attended therapy, moved back to his hometown in Wisconsin, and avoided further legal trouble. In March 2009, Warren was charged with transportation of child pornography, in violation of 18 U.S.C. § 2252(a)(2), and possession of child pornography, in violation of 18 U.S.C. ...


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