Holcomb

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-469 D.C. No. Plaintiff - Appellee, 2:21-cr-075-RSL v.

OPINION

JOHN HOLCOMB,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge

Argued and Submitted September 10, 2024 Seattle, Washington

Filed March 27, 2025

Before: Susan P. Graber and Jennifer Sung, Circuit Judges, and Jed S. Rakoff, District Judge. *

Opinion by Judge Rakoff; Partial Concurrence and Partial Dissent by Judge Sung

* The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. SUMMARY **

Criminal Law

The panel reversed the district court’s ruling on John Holcomb’s motion to suppress three videos found on his computer, vacated his conviction and sentence for producing child pornography, and remanded for further proceedings. The panel held (1) the “dominion and control” provision of a second warrant to search Holcomb’s computer was invalid because it was both overbroad and insufficiently particular; (2) the…