Donald Eugene Creel pleaded guilty to receiving child pornography after downloading it through an internet-based file-sharing program. The district court applied a two-level Sentencing Guidelines enhancement for distribution because the files were available to other users through the program, and sentenced Creel to 84 months after a downward variance. Creel argued that the enhancement required proof that he knew other users could access the files. The Eleventh Circuit affirmed. It held that the Guidelines commentary defines distribution as any act related to transferring material involving the sexual exploitation of a minor and contains no mens rea requirement for ordinary distribution. The court contrasted that language with the same commentary’s express definition of distribution to a minor as knowing distribution, concluding that the omission of a knowledge requirement was deliberate. The court acknowledged a conflict among the circuits but held that contrary decisions could not be reconciled with the commentary’s plain language. In the alternative, the court held that the district court did not clearly err in finding that Creel actually knew other users could access the files, based on the special agent’s testimony and the accurate presentence report. Creel’s sentence was affirmed.