The Sentencing Commission promulgated Amendment 801, amending to only apply when a defendant 2G2.2(b) (3) (F) enhancement "knowingly engaged in distribution." In so doing it imposed a mens rea level of knowledge on the conduct. The question presented is:

1. Whether "knowingly engaged in distribution," as it occurs in sentencing guideline 2*G2.2{b) (3)(F), means that a defendant must have knowledge that ones files are accessible online, or whether it is enough that one have general knowledge that the software one is using is file sharing capable software.

Whether 'knowingly engaged in distribution' in sentencing guideline 2G2.2(b)(3)(F) requires knowledge that files are accessible online or only general knowledge of file-sharing software