United States v. Smith

James William Smith (defendant) owned a computer that his roommates, Elizabeth Penix and Joshua Jolly, could also access. The computer held 26 pornographic files, 19 of which had been previewed before download; experts said the downloads had to be intentional, and file names referenced "child," "pre-teen," or specific ages, making the content obvious to anyone who saw the names or previews. Employment records ruled out Penix, and Jolly denied any knowledge, though downloading required no special skill. Smith didn't testify, but Penix and Smith's parents said he was elsewhere on the relevant dates. A jury convicted Smith, but the trial judge entered a judgment of acquittal, reasoning Jolly was just as likely the downloader. The government appealed to the Fifth Circuit.