United States v. Gayle Patrick

MEMORANDUM **

Gayle Everett Patrick appeals his jury conviction and sentence for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Patrick’s home computer contained over 2,800 images of child pornography, which were initially discovered by a computer repair technician who reported what he saw to local law enforcement.

On appeal, Patrick contends that the search warrants for his computer were not supported by probable cause. This court has explained, “To withstand review, we must determine that the warrant application made a sufficient showing that there was probable cause for the magistrate to believe that the pictures likely to be found on [the defendant’s] computer depicted: (1) sexually explicit conduct; and (2) a minor engaged in that conduct.” United States v. Battershell, 457 F.3d 1048, 1051 (9th Cir.2006). In this case, the computer technician informed law enforcement that he personally observed images on Patrick’s computer of “very young girls in sexual acts, and some were fully undressed.” ER 234. The application for the search warrant indicated that the computer technician had observed on Patrick’s computer “pornographic pictures of children…

I concur in the result.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT FEB 17 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 09-30113

Plaintiff - Appellee, D.C. No. CR-08-105-GF-SEH

v.

MEMORANDUM *

GAYLE EVERETT PATRICK,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding

Argued and Submitted February 4, 2010 Seattle, Washington

Before: W. FLETCHER and RAWLINSON, Circuit Judges, and LASNIK, ** Chief District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Robert S. Lasnik, United States Chief District Judge for the Western District of Washington, sitting by designation.

-1- Gayle Everett Patrick appeals his jury conviction and sentence for

possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B).

Patrick’s home computer contained over 2,800 images of child pornography,

which were initially discovered by a computer repair technician who…