United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 25, 2006
Charles R. Fulbruge III
Clerk
No. 05-30788
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DUSTIN CHERAMIE, also known as Dustin Cole Cheramie,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CR-340-1
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Dustin Cheramie appeals from his conviction of possession,
receipt, and transportation of child pornography. Cheramie
contends that the evidence was insufficient to support his
conviction for transporting child pornography and therefore
requests that this count be set aside. He argues that file
sharing programs like the one he used differ from other uses of
the Internet in that they do not require repeated volitional acts
on the part of the user. Because the file sharing process does
not require acts of volition, Cheramie suggests, a defendant who
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-30788
-2-
has engaged in file sharing has not knowingly transmitted
pornography.
We need not address the distinctions between file sharing
programs and other forms of Internet usage. The evidence at
trial was sufficient to prove that Cheramie knew that he was
transmitting child pornography. See United States v. X-Citement
Video, Inc., 513 U.S. 64, 69-78 (1994). The Government presented
evidence that Cheramie saved images to different files after
receiving them; those images had names clearly indicating that
they were child pornography; and he confessed to having
transmitted images to other individuals. We will not disturb the
jury’s credibility determinations. United States v. Molinar-
Apodaca, 889 F.2d 1417, 1423 (5th Cir. 1979).
AFFIRMED.