United States v. Gary Roller

MEMORANDUM

Gary Roller appeals his conviction for possession of child pornography under 18 U.S.C. § 2252 (a)(4)(B) (2006). We affirm.

Roller’s first argument on appeal is that the warrant that authorized the search and seizure of his computer equipment was not supported by probable cause and that the evidence seized pursuant to that warrant should therefore be suppressed.

The affidavit that supported the warrant application provided evidence that Roller had purchased access to multiple websites distributing child pornography in 2002, 2008, 2006 and 2007. This is sufficient to establish probable cause. See United States v. Gourde, 440 F.3d 1065, 1071 (9th Cir.2006) (en banc) (holding that evidence that someone “paid for access for two months to a website that actually purveyed child pornography” was sufficient to establish probable cause). Even assuming, as Roller argues, that the evidence about the 2002 and 2003 subscriptions had become stale by the time of the affidavit in 2007, the evidence about Roller’s subscriptions in 2006 and 2007 was sufficient to establish probable cause under Gourde. See id. at 1067-69, 1071 (concluding that warrant was supported by probable cause…