United States Second Circuit

Conviction and sentencing of defendant for possession of child pornography,18 U.S.C. sections 2252A(a)(5)(B) and (b)(2), with revocation of his supervised release on a prior section 2252A(a)(5)(B) conviction are affirmed because: 1) defendant's motion to dismiss his indictment on the grounds that his parole officer's involvement in the procurement of a search warrant and the filing of a criminal complaint exceeded the officer's statutory and constitutional authority was properly denied; and 2) where defendant's motion to suppress self-incriminating statements made to parole officer as well as the evidence seized pursuant to a search warrant issued on the basis of those statements, on the ground that the use of those statements violated his Fifth Amendment privilege against self-incrimination was also properly denied.

Appellate Information

• Decided 07/22/2011
• Published 07/22/2011

Judges

• KEARSE

Court

• United States Second Circuit

Counsel