United States v. Benjamin Morrow

FILED

NOT FOR PUBLICATION

MAY 16 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10242

Plaintiff-Appellee, D.C. Nos. 3:19-cr-00041-MMD-WGC-1 v. 3:19-cr-00041-MMD-WGC

BENJAMIN D. MORROW,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted April 19, 2023 San Francisco, California

Before: SCHROEDER, CALLAHAN, and BUMATAY, Circuit Judges.

Benjamin D. Morrow appeals the district court’s denial of his suppression

motion and the restitution order following his conditional guilty plea to two counts

of distribution of child pornography in violation of 18 U.S.C. §§ 2252A(a)(2) and

(b)(1).

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Morrow first challenges the validity of the search warrant on the ground that

it was not supported by an oath or affirmation. It was executed under penalty…