United States v. Richard Self

MEMORANDUM

Richard Self was convicted of three counts of transporting child pornography and three counts of possession of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(l), (a)(5)(B), and 2256. Before trial, Self moved to suppress all evidence discovered at his home and in his semi-truck on the grounds that the information used to obtain the search warrant was stale and insufficient to establish probable cause. The district court denied Selfs motion and, after trial, imposed a 135-month sentence. Self appeals the denial of his motion to suppress and challenges his sentence as procedurally erroneous and substantively unreasonable. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

We review the district court’s denial of a motion to suppress de novo and the magistrate’s factual findings for clear error. United States v. Hill, 459 F.3d 966, 970 (9th Cir.2006). “[T]he duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed.” Illinois v. Gates, 462 U.S. 213, 238-39 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (internal quotation marks and alterations omitted). We…