United States v. Brackett, No. 15-2694 (8th Cir. 2017)
Annotate this CaseDefendant appealed his conviction for transporting, producing, and attempting to produce child pornography and with possessing one or more computer files and other matter containing child pornography, all after having been previously convicted of a state-law offense involving the sexual abuse of a minor. The court agreed with the district court that the information set forth in the affidavit in this case established probable cause to believe that defendant's residence would contain evidence of the prohibited images of the minor victim. The court also concluded that the district court did not abuse its discretion by denying defendant's motion for a Franks hearing where defendant's argument is based upon supposition and isolated testimonial statements taken out of context. Accordingly, the court affirmed the judgment.
Court Description: Wollman, Author, with Loken and Benton, Circuit Judges] Criminal case - Criminal law. Under Nebraska state law, the facts set forth in the search warrant application for defendant's home were sufficient to establish probable cause that officers would find evidence of the prohibited images of the minor victim at the residence; the district court did not err in denying defendant's request for a Franks hearing. [ January 19, 2017
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