Wilson
United States v. Wilson
Opinion
Lead Opinion
MEMORANDUM *
Appellant Michael Wilson appeals from his criminal conviction for production of child pornography in violation of 18 U.S.C. § 2251 (a), and from the district court’s sentencing decision. Mr. Wilson contends that the search of his computer pursuant to a warrant issued on October 4, 2002, exceeded the scope of the warrant. He also maintains that the district court erred in imposing a 15-year mandatory minimum sentence based on a prior state conviction that had been expunged. We affirm the district court’s ruling on both issues.
I
Whether an officer exceeded the scope of a warrant is a question of law this Court reviews de novo. United States v. Becker, 929 F.2d 442, 446 (9th Cir.1991). Mr. Wilson argues that Ms. Holbrook exceeded the scope of the October 4, 2002 warrant because she opened image files bearing date and time stamps outside the period of Mr. Howard’s alleged abduction. See id. (“A warranted search is unreasonable if it exceeds in scope or intensity the terms of the warrant.”) (citation omitted). We disagree.
*119 The October 4, 2002 warrant authorized a search of Mr. Wilson’s computer for “[i]mages and/or picture files including, but not limited to JPG…