United States v. Wagner, No. 19-3068 (10th Cir. 2020)
Annotate this CaseIn 2015, the FBI deployed a Network Investigative Technique (“NIT”) to identify the Internet Protocol (“IP”) addresses of computers accessing “Playpen,” a child pornography website. One of those IP addresses belonged to Defendant-Appellant Wesley Wagner. Agents executed a warrant for his Kansas residence, where they interviewed him and found evidence of child pornography on a laptop computer. He would be indicted for receipt and possession of child pornography. Wagner moved to suppress the NIT's identification of his IP address, the pornography evidence in his home, and statements he made to agents. he district court denied his motions. Following a three-day trial, a jury convicted him of both counts. On appeal, Wagner argued the district court erred in denying his motions to suppress and motion to dismiss the indictment. He also contended an erroneous evidentiary ruling required a new trial and that the evidence was insufficient to sustain his convictions. Finding no reversible error, the Tenth Circuit affirmed Wagner's convictions.
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