Riley

United States v. Riley

Good Law
342 F. App'x 315
United States Court of Appeals for the Ninth CircuitAugust 13, 2009No. 08-50009California1,613 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-appellant Mario Riley appeals his conviction and sentence for one count of possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). He contends that the district court committed reversible error in denying his motions to suppress and exclude evidence, imposed an unreasonable 46-month prison sentence, and improperly imposed several special conditions as a part of a three-year term of supervised release. In an opinion filed concurrently with this memorandum disposition, we vacate one of the supervised release conditions. Here, for the reasons stated below, we affirm Riley’s conviction and sentence and uphold all but one of the remaining supervised release conditions.

1. The government had to prove at trial that Riley knew the CD he had ordered and received contained images of child pornography. Given that the CD was found in Riley’s computer when agents arrived to search the apartment, evidence of Riley’s sexually aroused physical condition at the time he answered the door was relevant to the knowledge ele *318 ment. The district court did not abuse its discretion in concluding that the probative value of this evidence was not…

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