United States First Circuit

Conviction of defendant for possession of child pornography and a 210-month sentence are affirmed where: 1) the district court did not err in denying defendant's motion to suppress because the first warrant was supported by probable cause and the defendant has made no independent challenge to the issuance of the second warrant; and 2) defendant's challenge to the district court's decision to apply a five-level guideline enhancement for "a pattern of activity involving the sexual abuse or exploitation of a minor,” is foreclosed by circuit precedent, which held that “previous sexual assaults, although occurring long ago, could be considered," when applying a section 2G2.2 "pattern of abuse" enhancement.

Appellate Information

• Decided 07/16/2012
• Published 07/16/2012

Judges

• SELYA

Court

• United States First Circuit

Counsel