United States v. Kenneth Kelley

478 F.3d 1068 UNITED STATES of America, Plaintiff-Appellant, v. Kenneth KELLEY, Defendant-Appellee. No. 05-10547. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 20, 2006. Filed March 1, 2007. Amber S. Rosen, Assistant United States Attorney, San Jose, CA, for the plaintiff-appellant. Elizabeth M. Falk, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellee. Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding. D.C. No. CR-05-00125-PJH. Before SANDRA DAY O'CONNOR, Associate Justice (Ret.), * PAMELA ANN RYMER, and SIDNEY R. THOMAS, Circuit Judges. 1 Opinion by Judge RYMER; Dissent by Judge THOMAS. OPINION Notes: * The Honorable Sandra Day O'Connor, Associate Justice of the United States Supreme Court (Ret.), sitting by designation pursuant to 28 U.S.C. § 294 (a) 2 RYMER, Circuit Judge. 3 Kenneth Kelley's home computer was searched for images of child pornography pursuant to a warrant based on information discovered during two unrelated computer searches for child pornography, demonstrating that Kelley had received nine e-mails with attachments…