On April 7, 2011, officers executed a search warrant at Miezin's residence and seized his laptop computer. On eleven separate occasions from April 27, 2010, through February 25, 2011, undercover federal law-enforcement officers downloaded image and video files depicting real minors engaged in sexually explicit conduct from Miezin's computer. Miezin would then delete Gigatribe and the images from his computer until the next time he wanted to access child pornography. Through chat conversations or by viewing and selecting from other users' shared folders, Miezin used Gigatribe to receive and distribute visual depictions of prepubescent males engaged in oral-to-genital contact, anal intercourse, digital penetration, and the lascivious exhibition of their genitals. Gigatribe users can also use the program to chat with other users and to share image files. Users can add other users to their network via private invitations that, if accepted, allow both the inviter and the invitee to access one another's shared files. Gigatribe allows its users to create their own private network of contacts, and file sharing is limited to those users who are included in the user's private network. Using the internet, Miezin repeatedly downloaded a peer-to-peer file-sharing program, known as "Gigatribe," to communicate with other individuals involved with child pornography and to exchange computer files containing the same.
For the reasons discussed below, we AFFIRM Miezin's 168-month sentence. Miezin appeals his sentence on two grounds: (1) that the Government breached the plea agreement in its sentencing memorandum and at the sentencing hearing by arguing for a sentencing enhancement that was contrary to the terms of the agreement and (2) that the district court erred in applying the enhancement. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION OPINIONįollowing a guilty plea on a child-pornography charge, the district court sentenced Richard J.
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