United States v. David Grummer

MEMORANDUM

David Grummer appeals his jury conviction and sentence for eighteen counts of receipt of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252 (a)(2) and five counts of possession of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252 (a)(4). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. There was no unreasonable delay in conducting the search of Grummer’s lawfully seized computer hard drives. The search warrant and supporting affidavit did not contain a 90-day limitation on completing the search of the hard drives. Cf. United States v. Krupa, 658 F.3d 1174, 1188 (9th Cir.2011) (affidavit in support of search warrant stated that “[t]he amount of time currently required for this examination [of digital media] is 120 days plus 10 days for review” (emphasis added)). Because the EPA agents acted diligently, the delay in conducting the search was reasonable under the Fourth Amendment and Federal Rule of Criminal Procedure 41. See United States v. Dass, 849 F.2d 414, 415 (9th Cir.1988).

2. Grummer’s argument that the search warrant was overbroad is waived, because it was not raised…