United States Ninth Circuit

Defendant's conviction and sentence for possessing child pornography are affirmed, where: 1) a 2005 search of the defendant's computer at a CompUSA store was lawful because the police officers who conducted it did not exceed the scope of the permissible search already conducted by a private party; 2) a 2009 search of the defendant’s home office was lawful because the defendant's wife had apparent authority, if not actual authority, to consent; and 3) the district court acted within its discretion in imposing a substantively reasonable sentence that accounts for the defendant's age and infirmities.

Appellate Information

• Decided 10/01/2013
• Published 10/01/2013

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel