United States v. Tosti, No. 12-10067 (9th Cir. 2013)Annotate this Case
Defendant appealed his sentence and conviction for possessing child pornography. The court held that the 2005 search of his 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; the 2009 search of his home office was lawful because defendant's wife had apparent authority, if not actual authority, to consent; and the district court properly considered defendant's age, 76 years old, and physical characteristics when it exercised its sentencing discretion. Accordingly, the court affirmed the conviction and sentence.