United States Eighth Circuit

Conviction and sentence for child pornography offenses is affirmed where: 1) the totality of the circumstances described in the affidavit established a fair probability that child pornography would be found on defendant's home computer; 2) even if the state search warrant was invalid, evidence seized from defendant's home was admissible under the independent source doctrine; and 3) the underlying evidence did not suggest that the district court clearly erred by enhancing defendant's offense level for distribution of child pornography to a minor.

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Leonard Lane, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Sean R. Berry, AUSA, argued, Cedar Rapids, IA (Ian K. Thornhill, AUSA, on the brief), for appellee.