Huitt
United States v. Huitt
Opinion
Lead Opinion
MEMORANDUM **
Appellant Christopher Huitt (Huitt) was convicted of possession, receipt, and distribution of child pornography. Huitt challenges the district court’s denial of his motion to suppress, his convictions, and sentence.
1. Relying on United States v. Weber, 923 F.2d 1338 (9th Cir.1991), as amended, Huitt maintains that the search warrant affidavit failed to establish that Huitt possessed the characteristics of a child pornography collector. However, even if those portions of the affidavit are excised, the balance of the affidavit established the requisite fair probability of finding child pornography on computers located at Huitt’s residence. See United States v. Gourde, 440 F.3d 1065, 1073-74 (9th Cir. 2006) (en banc); see also United States v. Kelley, 482 F.3d 1047, 1055 (9th Cir.2007), as amended.
2. There was sufficient evidence supporting the convictions for distribution, receipt, and possession of child pornography. The evidence presented at trial demonstrated a connection between the child pornography found on Huitt’s computer, the child pornography discovered on a Yahoo! web page associated with Huitt, the Yahoo! accounts corresponding to Huitt’s e-mail…