United States Sixth Circuit

Conviction and sentence for possession of child pornography are affirmed where: 1) the affidavit offered in support of a search warrant of defendant's home supported probable cause for the warrant; 2) even if the affidavit did not support probable cause, it fit comfortably within the good-faith exception; 3) a garage is not excluded from a valid warrant to search a house; 4) there was no Miranda violation; 5) there was no denial of defendant's right to a fair trial; 6) the statutes under which defendant was prosecuted were not unconstitutionally vague; 7) there was not procedural error in sentencing; and 8) the sentence was not unreasonable.

Appellate Information

• Decided 01/09/2009
• Published 01/09/2009

Judges

• Before:  BOGGS, Chief Judge;  and MERRITT and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Dean Boland, Lakewood, Ohio, for Appellant.  Michael A. Sullivan, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Dean Boland, Lakewood, Ohio, Kevin M. Cafferkey, Law Offices, Cleveland, Ohio, for Appellant.  Dean M. Valore, Assistant United States Attorney, Cleveland, Ohio, for Appellee.