United States v. Stewart, No. 12-1427 (6th Cir. 2013)
Annotate this CaseOn May 12, 2009, Stewart arrived from Japan with two laptop computers. A Customs Officer randomly approached him and found Stewart’s responses “confrontational.” Searching one computer, the officer found thumbnail images that he believed to be child pornography; he called ICE Agent Young, who told Stewart that they were detaining his laptops for further examination, but he was free to leave. Young secured a warrant. Forensic examination led to an indictment on September 8, 2009. On February 5, 2010, Stewart moved to suppress, arguing that the “extended border search” was without reasonable suspicion. On May 24, 2010, the district court denied the motion. Stewart moved to dismiss for violation of the Speedy Trial Act, 18 U.S.C. 3161, arguing that his June 15, 2010, trial date meant that he would not be brought to trial within 70 nonexcludable days of indictment. The district court dismissed without prejudide, stating that its calendaring program mistakenly kept Stewart’s motion to suppress under advisement for 67 days, when it should have excluded only 30 days. One month later, a grand jury returned a new indictment, charging two counts of transportation of child pornography, 18 U.S.C. 2252A(a)(1). The Sixth Circuit affirmed his convictions, rejecting arguments that the district court erred in dismissing the earlier indictment without prejudice, rather than with prejudice; in denying his motion to suppress; in admitting two prosecution exhibits; and by not, sua sponte, instructing the jury on the statutory definition of “identifiable minor.”
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