Eichert

MEMORANDUM **

Randall Steven Eichert appeals the district court’s denial of his motion to suppress evidence obtained pursuant to a search warrant. Eichert entered a conditional guilty plea to one count of posses *152 sion of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He conditioned his guilty plea on the outcome of this appeal in which he argues that the search warrant lacked sufficient indicia of probable cause requiring suppression of the seized evidence. Eichert claims that the affidavit used to obtain the search warrant was not supported by probable cause because the affidavit only referred to the newsgroup listings and media file names observed on his computer, and did not contain any express reference to child pornography.

The United States Supreme Court requires that an issuing magistrate make only a fact-specific, practical, and common sense determination, taking into account all of the circumstances set forth in the affidavit, whether there is a fair probability that evidence of a crime exists in a particular place. See Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). There is no requirement, therefore, that an affidavit…