United States v. Bryan Corbitt

MEMORANDUM

Bryan Corbitt appeals convictions based-upon his conditional guilty plea. Corbitt challenges the district court’s denial of his motion to suppress evidence seized from his computer. Corbitt has waived any argument that he has a reasonable expectation of privacy in the information he provided to his internet service provider, and his claim also fails on the merits. In addition, he has no suppression remedy available under the Stored Communications Act, 18 U.S.C. § 2703 (c)(2). Corbitt’s conviction is affirmed.

Corbitt waived any argument that he has a reasonable expectation of privacy in the information that he voluntarily gave his internet service provider because he did not raise the issue before the district court. “[J]ust as a failure to file a timely motion to suppress evidence constitutes a waiver, so too does a failure to raise a particular ground in support of a motion to suppress.” United States v. Wright, 215 F.3d 1020, 1026 (9th Cir.2000) (internal quotation marks and citation omitted).

In any event, Corbitt’s Fourth Amendment claim fails on the merits because he has no reasonable expectation of privacy in the subscriber information he voluntarily provided…