United States Ninth Circuit

Denial of defendant's motion to suppress evidence of child pornography found on his personal computer, which led to his conviction for receipt of child pornography, is affirmed where: 1) in this case, where there was ample evidence that documents authorized in a warrant could be found on defendant's computer, officers did not exceed the scope of the warrant when they seized the computer; and 2) searches of the computer were pursuant to valid warrants and reasonable. However, the sentence is vacated and remanded pursuant to a claim that the district court erred when it sentenced him for both receipt and possession of child pornography, as the sentencing was multiplicitous.

Appellate Information

• Argued 01/15/2008
• Decided 05/30/2008
• Published 05/30/2008

Judges

• WALLACE, Senior Circuit Judge:, Before:  J. CLIFFORD WALLACE and MARY M. SCHROEDER, Circuit Judges, and ROGER T. BENITEZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Franny A. Forsman, Federal Public Defender, and Jason F. Carr, Assistant Federal Public Defender, Las Vegas, NV, for the appellant.


• For Appellees:
  
• Steven W. Myhre, Acting United States Attorney, Robert L. Ellman, Appellate Chief, and Elizabeth A. Olsen, Assistant United States Attorney, Reno, NV, for the appellee.