Evans

United States v. Evans

Good Law
171 F. App'x 694
United States Court of Appeals for the Ninth CircuitMarch 20, 2006No. 04-30447California919 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Evans appeals the district court’s denial of his motion to suppress evidence obtained during a search of his residence. Evans also requests that this court remand his case for resentencing in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Evans contends that Special Agent Sara Bay’s affidavit, filed in support of her application for a search warrant of Evans’s residence, did not provide probable cause to support the issuance of the search warrant; that the information in the affidavit was stale; and that the warrant was over-broad.

Agent Bay’s affidavit gave sufficient facts to support the magistrate judge’s issuance of the warrant. 1 The affidavit stated that an individual with the user-name jakirabbit uploaded multiple images depicting child pornography to the Yahoo! internet group “fantazyland.” The IP address for jakirabbit “appeared to be accessed” from the Yakima, Washington area, which includes Evans’s residence in Selah, Washington. Further, the individual using the jakirabbit username provided an address of Yakima, Washington; a zip code…

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