United States v. Glenn, No. 18-10580 (5th Cir. 2019)
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The Fifth Circuit affirmed defendant's conviction for one count of transporting and shipping child pornography and one count of accessing child pornography with intent to view. The court held that the district court did not err by denying defendant's motion to dismiss. In this case, the court rejected defendant's Brady claim that the government suppressed exculpatory evidence and held that defendant could not show that the overwritten data at issue was material. Furthermore, the court rejected defendant's Youngblood claim, and held that the government's actions in allowing the Windows update to install were at most negligent, not clear error.
The court also held that the district court did not abuse its discretion in finding no bad faith, nor did the district court err by deciding the bad faith issue itself rather than sending it to the jury; the district court did not clearly err by denying defendant's motion to suppress where the district court held a Franks hearing and found the FBI agent's testimony to be credible and her mistake to be understandable considering the circumstances; and defendant's Daubert challenge failed because he did not adequately explain why the FBI agent's personal knowledge was insufficient nor has he directed the court to any cases supporting his opinion.
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