UNITED STATES v. JOHNSON (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Thomas JOHNSON, Defendant-Appellant.

No. 18-2646

Decided: May 17, 2019

Before SHEPHERD, MELLOY, and GRASZ, Circuit Judges.

Jane Francis, Law Office of Jane Francis, LLC, Kansas City, MO, for appellant. J. Benton Hurst, Asst. U.S. Atty., Kansas City, MO (Timothy A. Garrison, U.S. Atty., on the brief), for appellee.

[Unpublished]

After his conditional guilty plea and sentencing on one count of production of child pornography in violation of 18 U.S.C. § 2251(a) and (e), Thomas Johnson appeals the district court’s ¹ denial of his motion to suppress evidence. Johnson sought to suppress evidence gained through a warrant issued in the United States District Court for the Eastern District of Virginia. We have previously held the same warrant was void ab initio because it violated the Fourth Amendment. See United States v. Horton, 863 F.3d 1041, 1049 (8th Cir. 2017), cert. denied, ––– U.S. ––––, 138 S.Ct. 1440, 200 L.Ed.2d 721 (2018). However, we also held the Leon good faith exception applied to Federal Bureau of Investigation agents’ use of the warrant. See id. at 1052. Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

PER CURIAM.

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