Description: Newport News, Virginia criminal defense lawyer represented defendant charged with distribution of child pornography in violation of 18 U.S.C. 2262.


In September 2019, the United States Army Criminal Investigation Division began to investigate Morehouse, an Army servicemember, for the suspected distribution of child pornography. Shortly thereafter, the Criminal Investigation Division received a tip from the National Center for Missing and Exploited Children that, in July 2019, a user had uploaded child pornography on Snapchat, a photo-sharing and messaging application. An investigation revealed that the phone number associated with that Snapchat user belonged to Morehouse.

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The Criminal Investigation Division analyzed the images and identified at least two image files depicting child pornography. Accordingly, the Criminal Investigation Division obtained a warrant and searched Morehouse's residence and electronic devices.Fewer than ten "images depicting child pornography were observed to be on [his] cellular phone" at the time of the search, and no images or videos depicting child pornography were located on any of the other devices seized from Morehouse's residence. J.A. 49.[2]

During the search, Morehouse made several spontaneous, inculpatory statements. He told the investigators that he "kn[e]w what [the search was] about," that "everything [they were] looking for [was] on [his] phone," and that there was "nothing on [his] other devices." Id. He further stated that he had "a good excuse for what[] [was] on [his] phone" but that the investigators were "not going to believe [him.]" Id. After being advised of his Miranda rights, Morehouse admitted that "he had downloaded child pornographic images and videos from the website '321 Sex Chat' and various other applications" and that the previously identified Snapchat username and phone number belonged to him. J.A. 50. He further admitted that in July 2019, "he knowingly distributed material by uploading an image of child pornography." Id.

In October 2019, Morehouse was indicted on one count of distribution of child pornography pursuant to 18 U.S.C. § 2252A(a)(2) and (b)(1).[3] Three months later, he

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pleaded guilty to the charge without the benefit of a plea agreement but with an agreed-upon Statement of Facts. The Statement of Facts noted that Morehouse "acknowledge[d]" that the Statement "does not describe all of his conduct relating to the offenses charged in this case," and Morehouse signed a statement agreeing that the Statement of Facts was "a partial summary of the evidence which is true and accurate." J.A. 51 (emphasis added).

The Probation Office prepared the Presentence Investigation Report ("PSR"), which included additional facts stemming from the Probation Officer's "independent investigation." S.J.A. 189. The PSR stated that Morehouse had nine National Center for Missing and Exploited Children "CyberTips that came back to his registered IP address." Id.; see also S.J.A. 218. Case agents reviewed those nine tips and confirmed a total of six images of child pornography. Further, a messaging platform called Kik reported that Morehouse used a Kik account with a user profile picture depicting two nude or nearly nude adolescent girls. All told, the PSR attributed Morehouse with being in possession of a total of thirty-six images of child pornography.

The PSR further explained the "excuse" Morehouse had for possessing the images, which, according to the Statement of Facts, Morehouse had said agents were "not going to believe." J.A. 49. According to the PSR, during an interview with case agents, Morehouse reported that he began using the website 321 Sex Chat "to conduct sensual and sexual in nature chats with likeminded adults." S.J.A. 189. He claimed that while using the website,...

In September 2019, the United States Army Criminal Investigation Division began to investigate Morehouse, an Army servicemember, for the suspected distribution of child pornography. Shortly thereafter, the Criminal Investigation Division received a tip from the National Center for Missing and Exploited Children that, in July 2019, a user had uploaded child pornography on Snapchat, a photo-sharing and messaging application. An investigation revealed that the phone number associated with that Snapchat user belonged to Morehouse.

2

The Criminal Investigation Division analyzed the images and identified at least two image files depicting child pornography. Accordingly, the Criminal Investigation Division obtained a warrant and searched Morehouse's residence and electronic devices.Fewer than ten "images depicting child pornography were observed to be on [his] cellular phone" at the time of the search, and no images or videos depicting child pornography were located on any of the other devices seized from Morehouse's residence. J.A. 49.[2]

During the search, Morehouse made several spontaneous, inculpatory statements. He told the investigators that he "kn[e]w what [the search was] about," that "everything [they were] looking for [was] on [his] phone," and that there was "nothing on [his] other devices." Id. He further stated that he had "a good excuse for what[] [was] on [his] phone" but that the investigators were "not going to believe [him.]" Id. After being advised of his Miranda rights, Morehouse admitted that "he had downloaded child pornographic images and videos from the website '321 Sex Chat' and various other applications" and that the previously identified Snapchat username and phone number belonged to him. J.A. 50. He further admitted that in July 2019, "he knowingly distributed material by uploading an image of child pornography." Id.

In October 2019, Morehouse was indicted on one count of distribution of child pornography pursuant to 18 U.S.C. § 2252A(a)(2) and (b)(1).[3] Three months later, he

3

pleaded guilty to the charge without the benefit of a plea agreement but with an agreed-upon Statement of Facts. The Statement of Facts noted that Morehouse "acknowledge[d]" that the Statement "does not describe all of his conduct relating to the offenses charged in this case," and Morehouse signed a statement agreeing that the Statement of Facts was "a partial summary of the evidence which is true and accurate." J.A. 51 (emphasis added).

The Probation Office prepared the Presentence Investigation Report ("PSR"), which included additional facts stemming from the Probation Officer's "independent investigation." S.J.A. 189. The PSR stated that Morehouse had nine National Center for Missing and Exploited Children "CyberTips that came back to his registered IP address." Id.; see also S.J.A. 218. Case agents reviewed those nine tips and confirmed a total of six images of child pornography. Further, a messaging platform called Kik reported that Morehouse used a Kik account with a user profile picture depicting two nude or nearly nude adolescent girls. All told, the PSR attributed Morehouse with being in possession of a total of thirty-six images of child pornography.

The PSR further explained the "excuse" Morehouse had for possessing the images, which, according to the Statement of Facts, Morehouse had said agents were "not going to believe." J.A. 49. According to the PSR, during an interview with case agents, Morehouse reported that he began using the website 321 Sex Chat "to conduct sensual and sexual in nature chats with likeminded adults." S.J.A. 189. He claimed that while using the website,...

Outcome: "For the foregoing reasons, we reverse the district court's application of the five-level exchange-for-value enhancement, vacate Morehouse's sentence, and remand for resentencing consistent with this opinion.

VACATED AND REMANDED." United States v. Morehouse (4th Cir. 2022)

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