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United States Eighth Circuit


US v. Nichols, 09-1165

Conviction for producing visual depictions of child pornography is affirmed where: 1) the district court did not err in denying defendant's motion to suppress evidence seized during the search of his home as the co-occupant of the house who had unlimited and joint access to the computer and related equipment where child pornography was found had common authority to consent to a search, and even if she lacked such authority the police acted reasonably in believing she had the authority to consent; 2) the court did not err in denying his motion to dismiss the indictment as the court had jurisdiction over the matter since all of the photographic and computer equipment used in the offense was manufactured outside of the state.

Appellate Information

  • Decided 07/29/2009
  • Published 07/29/2009

Judges

  • MELLOY, Circuit Judge., Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Craig Lewis Cook, Forth Smith, AR, for appellant.

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