United States v. Green, No. 19-1327 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of child pornography that FBI agents found on his phone. The court held that the warrant supported probable cause and the search of defendant's phone was valid. The court also affirmed defendant's sentencing, rejecting defendant's argument that the word "computer" in USSC 2G2.2(b)(6) is unconstitutionally vague. Finally, the court affirmed the district court's restitution order for nine of the victims.
Court Description: [Grasz, Author, with Benton and Stras, Circuit Judges] Criminal case - Criminal law and sentencing. The application for the search warrant established probable cause to believe evidence of child pornography would be found on defendant's electronic devices - including his phone - inside his house, and the child pornography found on the phone was admissible; argument that word "computer" in Guidelines Sec. 2G2.2(b)(6) is unconstitutionally vague rejected; $27,000 restitution order for nine of the victims in the case affirmed.
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