United States v. Donald Tosti

Defendant Donald Thomas Tosti (“Tosti”) was convicted of possessing child pornography in violation of 18 U.S.C. § 2252 (a)(4)(B). He appeals from the district court’s denial of his multiple motions to suppress evidence derived from both the 2005 search of his computer at a CompUSA store and the 2009 search of his home office. Tosti also challenges his 96-month sentence as unreasonable in light of his advanced age and poor health. We hold that the 2005 search 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 the 2009 search was lawful because Tosti’s wife had apparent authority, if not actual authority, to consent. We also hold that the district court properly considered Tosti’s age and physical characteristics when it exercised its sentencing discretion. Accordingly, we affirm Tosti’s conviction and sentence.

I

In January 2005, Tosti took his computer to a CompUSA store for service. According to Tosti, “[he] understood that a technician at CompUSA would have temporary custody of the computer, and would inspect it as needed to complete the requested repairs.”

Seiichi…