United States Ninth Circuit

In a case regarding sexual exploitation of children in the Philippines, convictions are affirmed on counts of travel with intent to engage in illicit sexual conduct, use of an interstate facility to entice a minor to engage in sex acts, and production of child pornography where: 1) the search of defendant's outgoing packages at a FedEx regional sort facility, from which all subsequent evidence derived, was the functional equivalent of a border search; 2) the search was also an authorized customs inspection under 31 U.S.C. section 5317(b); and 3) the search of defendant's personal correspondence was not unduly intrusive in scope or manner.

Appellate Information

• Argued 03/27/2008
• Decided 10/23/2008
• Published 10/23/2008

Judges

• CLIFTON, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, and PAMELA A. RYMER, BARRY G. SILVERMAN, M. MARGARET McKEOWN, RAYMOND C. FISHER, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN, CARLOS T. BEA, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jerald Brainin, Los Angeles, CA, for defendant-appellant John W. Seljan., Michael J. Raphael (argued), Assistant United States Attorney, Los Angeles, CA, and Richard Y. Lee, Assistant United States Attorney, Santa Ana, CA, for plaintiff-appellee United States of America.