United States Ninth Circuit

Defendant successfully appeals his plea to possession of improper visual depictions of minors on grounds that the affidavit in support of a search of his computer lacked sufficient probable cause where it contained no evidence that defendant actually downloaded or possessed child pornography.

Appellate Information

• Argued Array
• Decided 09/02/2004
• Published 09/02/2004

Judges

• McKEOWN, Circuit Judge:, Before: SCHROEDER, Chief Judge, REINHARDT, BRUNETTI, O'SCANNLAIN, RYMER, KLEINFELD, THOMAS, McKEOWN, GOULD, CALLAHAN, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Colin Fieman, Assistant Federal Public Defender, Tacoma, WA, for appellant Micah Gourde.


• For Appellees:
  
• Janet L. Freeman, Assistant United States Attorney, Seattle, WA, for appellee United States.