O'Neal

United States v. O'Neal

Good Law
56 F. App'x 430
United States Court of Appeals for the Ninth CircuitFebruary 24, 2003No. 02-10251; D.C. No. CR-01-00015-LDGCalifornia569 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant Timothy Shawn O’Neal, II, appeals his conviction and sentence for the possession of child pornography in violation of 18 U.S.C. § 2252 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Because the parties are familiar with the facts, we will not recount them in detail except as necessary.

O’Neal first contends the evidence obtained pursuant to the search warrant should have been suppressed because, he says, there was not probable cause for the issuance of the warrant. This court reviews a district court’s denial of a motion to suppress de novo and its factual findings for clear error. United States v. Garcia, 205 F.3d 1182, 1186 (9th Cir.2000), cert. denied, 531 U.S. 856 , 121 S.Ct. 138 , 148 L.Ed.2d 90 (2000). The issuing magistrate’s assessment of the sufficiency of probable cause is entitled to great deference. United States v. Patterson, 292 F.3d 615, 625 (9th Cir.2002). In our opinion, the application for the search warrant set forth sufficient facts to establish probable cause to believe that items of child pornography would be found at O’Neal’s apartment.

Defendant also argues that the fruits of the search should have been…

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