Beeman

MEMORANDUM *

Richard Don Beeman (“Beeman”) appeals the district court’s denial of his mo *618 tion to suppress evidence seized from his personal computer. He also appeals the reasonableness of his 57-month prison sentence for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), and certain conditions of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm the ruling on the suppression motion and all challenged aspects of Beeman’s sentence.

The initial search of Beeman’s hard drive by employees of PC Solutions did not implicate the Fourth Amendment because it was not conducted by state actors. The second search at which police were present did not exceed the scope of the first search and so was also permissible under United States v. Jacobsen, 466 U.S. 109, 115-17 , 104 S.Ct. 1652 , 80 L.Ed.2d 85 (1984). Although we decline relief on this ground, Beeman has successfully preserved this issue for appeal should he wish to challenge the continuing viability of Jacobsen before the United States Supreme Court.

The district court did not abuse its discretion in sentencing Beeman to a prison term of 57 months, and…