United States v. Cannon, No. 12-1362 (8th Cir. 2013)
Annotate this CaseDefendant pled guilty to two counts of sexual exploitation of a minor and two counts of receipt of child pornography, conditioned on his right to appeal the denial of his motion to suppress. The court affirmed the denial of defendant's motion to suppress where, assuming that the warrant was based on evidence collected in violation of defendant's Fourth Amendment rights, the Leon good-faith exception barred application of the exclusionary rule to evidence seized pursuant to the warrant. The court also held that the district court did not err in imposing the U.S.S.G. 2G2.1(b)(4) four-level enhancement where defendant inflicted pain upon the victim prior to filming her. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Criminal law and sentencing. Assuming the warrant in the case was based on evidence collected in violation of defendant's Fourth Amendment rights, the evidence seized pursuant to the warrant was admissible under the Leon good-faith exception; no error in imposing a four-level enhancement under Guidelines Sec. 2G2.1(b)(4) for sadistic conduct.
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