United States Tenth Circuit

Defendant's conviction for possession of one or more matters containing a visual depiction of a minor engaging in sexually explicit conduct is affirmed where: 1) even "on demand" Internet availability did not remove the incentive to hoard pornography that had been collected; 2) the magistrate judge reasonably concluded that a fair probability existed that defendant lived at the address at issue, and that the child pornography videos would be found in his home; and 3) because probable cause existed to search the address, the warrant was valid.

Appellate Information

• Decided 04/23/2010
• Published 04/23/2010

Judges

• KELLY, Circuit Judge., Before TACHA, KELLY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Christopher Wilson, Assistant United States Attorney, (and Sheldon J. Sperling, United States Attorney, on the brief), Muskogee, OK, for Plaintiff-Appellee., Robert Ridenour, Assistant Federal Public Defender, (Julia L. O'Connell, Federal Public Defender and Barry L. Derryberry, Research and Writing Specialist of Office of the Federal Public Defender, with him on the brief), Tulsa, OK, for Defendant-Appellant.