United States v. Nunzio Guadagni

MEMORANDUM

Nunzio Guadagni appeals his conviction for receipt and possession of child pornography. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The district court did not err in denying the motion to suppress physical evidence. Because the affidavit in support of the warrant application was not so deficient that reliance on the magistrate judge’s probable cause determination was unreasonable, the good faith exception to the exclusionary rule applies. See United States v. Needham, 718 F.3d 1190, 1194-95 (9th Cir.2013). No existing precedent holds that the use of an unsecured wireless network vitiates the probable cause that would otherwise exist to search the home of an Internet subscriber whose IP address is used to access child pornography. See United States v. Hay, 231 F.3d 630, 634-35 (9th Cir.2000); accord United States v. Perez, 484 F.3d 735, 740 (5th Cir.2007). Moreover, the information in the affidavit was not obviously stale. See United States v. Schesso, 730 F.3d 1040, 1047 (9th Cir.2013). Accordingly, the affidavit makes “at least a colorable argument” for probable cause. United States v. Luong, 470 F.3d 898, 903 (9th Cir.2006). Exercising our…