United States v. John Lavota, Jr. , 573 F. App'x 315 ( 2014 )

Case: 13-50658 Document: 00512666449 Page: 1 Date Filed: 06/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-50658
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 17, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOHN ROMAN LAVOTA, JR., also known as John Lavota, also known as
Chip, also known as username: Chipr1,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:11-CR-84-1
Before KING, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, John Roman Lavota, Jr.,
raises an argument that he concedes is foreclosed by United States v.
Richardson, 713 F.3d 232, 236 (5th Cir.), cert. denied, 134 S. Ct. 230 (2013),
which held that a defendant’s actions in downloading child pornography
images from a peer-to-peer network and in storing them in a folder that could
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-50658 Document: 00512666449 Page: 2 Date Filed: 06/17/2014
No. 13-50658
be accessed by other network users was sufficient to establish distribution.
Accordingly, the Government’s motion for summary affirmance is GRANTED,
its alternative motion for an extension of time to file a brief is DENIED, and
the judgment of the district court is AFFIRMED.
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