Giberson

United States v. Giberson

Good Law
527 F.3d 882·2008 WL 2221008
United States Court of Appeals for the Ninth CircuitMay 29, 200807-10100California4,139 words

Opinion

Opinion

Wallace, J.

Giberson appeals from the district court’s denial of his motion to suppress evidence of child pornography found on his personal computer, which led to his conviction for receipt of child pornography in violation of 18 U.S.C. § 2252 (a)(2) and possession of child pornography in violation of 18 U.S.C. § 2252 (a)(4)(B). He also appeals from his sentence, arguing the district court erred in sentencing him for both possession and receipt of child pornography. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(1). We affirm his conviction, vacate his sentence, and remand.

I.

On February 24, 2003, a North Las Vegas Police Department officer stopped Giberson because his license plates had expired. During the stop, the officer discovered that Giberson had a false Nevada identification (I.D.) card in the name of Charles F. Walsh, III. After learning that Giberson had three outstanding arrest warrants for traffic violations and no valid driver’s license, the officer arrested Giberson. A search incident to the arrest revealed a “Play Cash” card from a casino in Walsh’s name. Giberson told the officer that he used the fake I.D. for work and to avoid paying his child support…

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