United States v. Tommy Hanson

MEMORANDUM

Tommy Hanson appeals his conviction and sentence for possession of child pornography under 18 U.S.C. § 2252 (a)(4)(B). We affirm.

The district court did not err in denying Hanson’s motion to suppress. Nyna Fleu-ry did not act “as an ‘instrument or agent’ of the government” when she went on Hanson’s computer and discovered child pornography. United States v. Young, 153 F.3d 1079, 1080 (9th Cir.1998) (quoting Walter v. United States, 447 U.S. 649, 656 , 100 S.Ct. 2395 , 65 L.Ed.2d 410 (1980)). Fleury’s discovery, which she volunteered to police, provided probable cause to support the search warrants executed on February 12, February 25, and June 7, 2005. Hanson consented to the computer search executed after his arrest, which consisted only of Officer Villers moving a computer mouse with Hanson’s permission and seeing images of child pornography in plain view on the screen.

Hanson made his post-arrest statements to police voluntarily, and these statements did not violate his right to counsel. Nothing in the record suggests even the slightest police coercion or vulnerability on Hanson’s part that might indicate that his statements “were not the product of a rational…