United States Fourth Circuit

Conviction for possession of an unregistered machine gun and an unregistered silencer, based on evidence seized from defendant's home during execution of a search warrant issued in the investigation of threatening and sexually explicit emails concerning minor boys sent by the defendant, is affirmed where: 1) the search for and seizure of the child pornography fell within the scope of the warrant, or in the alternative, its seizure was justified under the plain-view exception to the warrant requirement; and 2) the seizure of the machine gun and the silencer was justified by the plain-view exception.

Appellate Information

• Decided 01/21/2010
• Published 01/21/2010

Judges

• Before NIEMEYER and DUNCAN, Circuit Judges, and JAMES P. JONES, ChiefUnited States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Todd M. Richman, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Andrew McCormack, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF:Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia; Ian Conner, Hunton & Williams, LLP, Washington, D.C., for Appellant. Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, for Appellee.