Agent Michael Shaffer of the Erie, Pennsylvania FBI office became involved in the investigation after receiving 3 leads from Agents Botello and Couch. Armstrong responded in each instance that the IP address belonged to Craig Finley of Titusville, Pennsylvania. Thereafter, the agents independently identified Boys4me2010 s Internet Protocol ( IP ) address, traced the IP address to its provider, Armstrong Cable Services, in Butler, Pennsylvania, and subpoenaed the company for information pertaining to the owner of the IP address. Agent Couch then identified one of Boys4me2010 s folders that was titled with the child s name and contained images of a young boy. On one occasion, after Boys4me2010 implied that he was sexually involved with a child, Agent Couch asked for the child s name, and Boys4me2010 gave it. A user with the screen name Boys4me2010 allowed the agents to access his files, including a number of videos and images that contained child pornography. The agents performed takeovers of third party accounts, which allowed them to share files and engage in chats with other users. The events leading to Finley s indictment and conviction began in 2010 when FBI Agents Marc Botello of Los Angeles, California and Barry Couch of Rochester, New York commenced independent undercover investigations using GigaTribe, a peer-to-peer online file-sharing program.

For the following reasons, we will affirm. Finley appeals from the District Court s judgment of conviction and sentence of 50 2 years imprisonment followed by a life term of supervised release. District Court for the Western District of Pennsylvania of production, receipt, distribution, and possession of material depicting the sexual exploitation of a minor. Craig Alan Finley was convicted in the U.S. Office of United States Attorney 17 South Park Row, Room A330 Erie, PA 16501 Counsel for Appellee _ OPINION OF THE COURT _ FISHER, Circuit Judge. Office of United States Attorney 700 Grant Street, Suite 4000 Pittsburgh, PA 15219 Christian A. (ARGUED) Office of Federal Public Defender 1001 Liberty Avenue 1500 Liberty Center Pittsburgh, PA 15222 Counsel for Appellant David J. _ Argued Before: SMITH, FISHER and CHAGARES, Circuit Judges. CRAIG ALAN FINLEY, Appellant _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. The sentence did not violate Double Jeopardy. The court limited the danger of unfair prejudice by cautioning prospective jurors about the disturbing nature of the images and admitting only a small proportion of the seized images, and did not err by instructing the jury that a sleeping child can вЂњengage inвЂќ sexually explicit conduct. The Third Circuit affirmed, rejecting a challenge to admission of the videos. Convicted of production, receipt, distribution, and possession of material depicting sexual exploitation of a minor, 18 U.S.C.

FinleyвЂ™s computers held about 30,000 videos and images of child pornography. He moved its mouse, identified a GigaTribe account with the name Boys4me2010, and saw images that Boys4me2010 was sharing, including an image of a boy sitting on a green couch that was in FinleyвЂ™s apartment. He found no one inside, but found a running computer. A Pennsylvania agent executed a search warrant for FinleyвЂ™s apartment. The agents traced Boys4me2010вЂ™s IP address and identified Finley. The agent identified one of Boys4me2010вЂ™s folders with the childвЂ™s name. Boys4me2010 implied that he was sexually involved with a child and gave the childвЂ™s name. A user, Boys4me2010, allowed the agents to access his files, including child pornography. FBI Agents conducted undercover investigations using GigaTribe, a peer-to-peer file-sharing program.

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