United States v. Tosti, No. 12-10067 (9th Cir. 2013)
Annotate this CaseDefendant appealed his sentence and conviction for possessing child pornography. The court held that the 2005 search of his computer at a CompUSA store was lawful because the police officers who conducted it did not exceed the scope of the permissible search already conducted by a private party; the 2009 search of his home office was lawful because defendant's wife had apparent authority, if not actual authority, to consent; and the district court properly considered defendant's age, 76 years old, and physical characteristics when it exercised its sentencing discretion. Accordingly, the court affirmed the conviction and sentence.
Court Description: Criminal Law. The panel affirmed a conviction and sentence for possessing child pornography. The panel held that a 2005 search of the defendant’s computer at a CompUSA store was lawful because the police officers who conducted it did not exceed the scope of the permissible search already conducted by a private party, and a 2009 search of the defendant’s home office was lawful because the defendant’s wife had apparent authority, if not actual authority, to consent. The panel also held that the district court acted within its discretion in imposing a substantively reasonable sentence that accounts for the defendant’s age and infirmities.
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