United States v. Espinoza, No. 20-3049 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction and sentence for distribution of child pornography. The court concluded that there was no reversible error in suppressing defendant's motion to suppress evidence where the information provided in the search warrant affidavit was sufficient to support the probable cause determination. In light of the collecting habits of those who use child pornography, the court concluded that there was a fair probability that defendant had not deleted the image that he uploaded, and that more images would be found. Furthermore, the information was not stale. Finally, the court concluded that defendant's sentence was not substantively unreasonable or an abuse of the district court's discretion where the district court had varied downward from the guideline range and where the district court exercised its substantial latitude in weighing the 18 U.S.C. 3553(a) sentencing factors.
Court Description: [Colloton, Author, with Smith, Chief Judge, and Erickson, Circuit Judges] Criminal case - Criminal law and sentencing. The information provided in the search warrant affidavit was sufficient to support the probable cause determination; in light of the collecting habits of those who use child pornography there was a fair probability that defendant had not deleted the images he had uploaded and that more images would be fine, and the information provided in the warrant application was not stale; the sentence imposed, a downward variance, was not substantively unreasonable or an abuse of the district court's discretion. [ August 12, 2021 ]
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