Blumenthal

MEMORANDUM *

Larry Blumenthal was charged in a one-count indictment of possessing child pornography, in violation of 18 U.S.C. 2252A(a)(5)(B). The district court denied *736 his motion to suppress evidence obtained from the execution of a search warrant at his residence. Blumenthal then pleaded guilty to the one-count indictment pursuant to a conditional plea agreement in which he preserved the right to appeal the district court’s denial of his motion to suppress.

The search warrant at issue states that there is probable cause to believe that property in Blumenthal’s home would show that “sexual exploitation of a child in violation of California Penal Code § 311.3 or depiction of sexual conduct of a person under 18 in violation of California Penal Code § 311.11 has occurred or is occurring.” Blumenthal claims that nowhere in the affidavit attached to the warrant is there any statement that suggests that he was sexually attracted to children or would possess child pornography.

This argument underrepresents the relevant attested facts. The affidavit recites the following statements made by a 14 year old guest in Blumenthal’s home: he used the bathroom five times and each time he…