Moyer

United States v. Moyer

Good Law
256 F. App'x 61
United States Court of Appeals for the Ninth CircuitNovember 19, 2007No. 07-30042California958 words

Opinion

Lead Opinion

MEMORANDUM *

Eric David Moyer appeals the district court’s denial of his motion to suppress evidence of child pornography obtained during the execution of a search warrant for his home computers and computer storage devices. This evidence led to Moyer’s conditional guilty plea for possession of child pornography in violation of 18 U.S.C. § 2252 (a)(4)(B) and (b)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Moyer argues that the district court erred in finding probable cause to issue a search warrant. Probable cause requires only that, under the totality of the circumstances, there is a fan- probability that evidence of a crime may be obtained by execution of a search warrant. Illinois v. Gates, 462 U.S. 213, 246 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). Moyer contends that the affidavit supporting the warrant application failed to present a fair probability that he downloaded child pornography from two websites to which he subscribed. 1 However, it was fairly probable from the information provided in the affidavit that evidence of his possession of child pornography would be obtained upon execution of the warrant. See United States v. Gourde, 440 F.3d 1065,…

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