United States v. Christian Cardenas

Christian Cardenas (Cardenas) appeals his conviction for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Cardenas contends that there was no probable cause to support the issuance of a search warrant, that the affidavit supporting the search warrant contained stale facts, and that the good faith exception did not apply. Additionally, Cardenas seeks a remand to conform the written judgment to the court’s oral pronouncement of sentence.

Because it is not unusual for information to remain stored on a computer hard drive for substantial periods of time, the information in the affidavit was not stale. See United States v. Kennedy, 643 F.3d 1251 , 1253 n. 2 (9th Cir.2011) (explaining that images accessed online remain on the end-user’s computer even after deleted).

AFFIRMED and REMANDED for the district court to conform the written judgment to the oral pronouncement of sentence.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3