McCalla

United States v. McCalla

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 23, 200807-50162California2,586 words

Opinion

Opinion

I. BACKGROUND

In December, 2005, John B. Kuzma (Kuzma), Special Agent with the Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (ICE), began investigating McCalla’s possible use of a child pornog- raphy website. In the course of his investigation, Kuzma learned that McCalla had been arrested by the Los Angeles Police Department (LAPD) after a witness reported discover- ing images in McCalla’s house depicting child pornography.

The images showed the witness’s step-daughter (Child Vic- tim 1), who appeared to be approximately five years old, as well as other children, engaging in sexually explicit conduct. In addition to these images, numerous other images depicting child pornography were retrieved from materials seized dur- ing a search of McCalla’s residence and place of employment. Approximately 4,235 suspected child pornography images were recovered from standard file directories in McCalla’s UNITED STATES v. MCCALLA 13591 work computer’s hard drive. Approximately 50 suspected child pornography movie files were also recovered.

Following his arrest and the discovery of these images, a federal grand jury returned a…

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