Carpegna

John Eric Carpegna (“Carpegna”) appeals two criminal convictions, each for both the receipt and possession of child pornography. Carpegna challenges the district court’s denial of his motion to suppress in the first trial (“Carpegna I ”), the denial of his motion to dismiss the second indictment (in “Carpegna II”), and his sentencing in Carpegna I for both receipt and possession of child pornography in violation of double jeopardy principles. We affirm the district court’s denial of the motion to suppress and the motion to dismiss the Carpegna II indictment. On the sentencing issue, per the government’s error concession, we reverse and remand.

A. Motion to Suppress

Officer Kluesner’s affidavit — which included GB’s (Carpegna’s girlfriend) observations of pornographic videos on Carpegna’s Whitehall computer, Carpegna’s continued payment for internet service after he destroyed his desktop computer, and his shopping for a laptop computer— provided the requisite probable cause that child pornography would be found at Carpegna’s residence, despite the sexual assault having taken place at the girlfriend’s home. See United States v. Hill, 459 F.3d 966, 970 (9th Cir.2006) (citing…