United States Eighth Circuit

Conviction and sentence for knowingly possessing a computer containing child pornography is affirmed where: 1) the district court did not err in denying defendant's motion to suppress statements he made to the officer as defendant was not in custody at the time he made the incriminating statements and thus the officer was not required to warn defendant of his Miranda rights; and 2) the court was aware of its discretion to depart downwards, and its decision to deny such a departure is not reviewable.

Appellate Information

• Decided 04/29/2009
• Published 04/29/2009

Judges

• GRUENDER, Circuit Judge., Before GRUENDER, ARNOLD and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Vanwinkle, Fayetteville, AR, for appellant.


• For Appellees:
  
• Kyra E. Jenner, AUSA, Fort Smith, AR, for appellee.