Jason R. Coody, U.S. Attorney | U.S. Attorney for the Northern District of Florida
On June 23, 2025, the U.S. Court of Appeals for the Eleventh Circuit upheld the conviction of Andrew John Ewing for child pornography offenses. Ewing, a 40-year-old resident of Tallahassee, Florida, was previously convicted in January 2024 for possessing child pornography. This marked his second offense related to child pornography. Senior U.S. District Court Judge Robert L. Hinkle sentenced him to 120 months in prison, which led to an appeal by Ewing.
U.S. Attorney Heekin commented on the decision: “The Eleventh Circuit’s ruling this week not only affirmed the conviction of a serious child pornography offender, it also upheld the legality of important investigatory tools needed to identify and catch these predators.” He emphasized continued cooperation with law enforcement partners in pursuing offenders who exploit children.
The case stemmed from an investigation by the Internet Crimes Against Children (ICAC) Task Force in fall 2022 that identified individuals sharing child pornography online through peer-to-peer networks, including Ewing. In January 2023, authorities executed a search warrant at Ewing's residence and examined his electronic devices, uncovering content involving children as young as six years old.
Ewing's appeal challenged his conviction on grounds that law enforcement violated his Fourth Amendment rights by using BitTorrent software without a warrant to download material from his computer in 2022. He also contested how evidence was presented during trial. The Eleventh Circuit rejected both arguments after oral arguments on May 7, 2025. It ruled that downloading files made publicly available on BitTorrent did not constitute a "search" under the Fourth Amendment and found no issue with how evidence was presented at trial.
This ruling sets precedent within the Eleventh Circuit jurisdiction covering federal district courts in Florida, Georgia, and Alabama.
The investigation involved multiple agencies including the Tallahassee Police Department, Leon County Sheriff’s Office, and Homeland Security Investigations. Assistant United States Attorney Jordane New represented the government before the Eleventh Circuit while Assistant United States Attorney Justin M. Keen prosecuted at district court level.
This case is part of Project Safe Childhood initiated by the Department of Justice to address child sexual exploitation via internet platforms since May 2006.
For further details about Project Safe Childhood or public court documents regarding this case visit respective official websites mentioned above.
