United States Tenth Circuit

Defendant's motion to suppress was properly denied; the affidavit detailed a number of e-mails, sent to his account, providing access to websites suggestive of child pornographic content, and recounted an incident at his former school that suggested an inappropriate interest in young girls. Remanded for resentencing because U.S.S.G. section 4A1.3 does not allow upward departures for uncharged conduct.

Appellate Information

• Decided 02/26/2004
• Published 02/26/2004

Judges

• STEPHEN H. ANDERSON, Circuit Judge., Before EBEL, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John W. Coyle, III (Jaye Mendros and James L. Hankins with him on the briefs), Coyle Law Firm, Oklahoma City, OK, for Defendant-Appellant., Randal A. Sengel, Office of the United States Attorney (Robert G. McCampbell, United States Attorney, and Lisa E. Johnson, Assistant United States Attorney, on the brief), Oklahoma City, OK, for Plaintiff-Appellee.