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§ 2252(a)(2) and (2) possession of kid pornography, in violation of 18 U.S.C. He also moved to dismiss the indictment, arguing it was obtained through outrageous governing administration conduct in violation of because of approach. He also moved (4) to dismiss the indictment, asserting the FBI’s 13-day procedure of the Playpen site was outrageous in violation of due approach. Playpen person «soldiermike» logged into the web site on February 28, 2015.3 The NIT identified soldiermike’s computer’s host identify as «SFC-Gunner.» App. The FBI deployed the NIT on Playpen’s servers from February 20, 2015 to March 4, 2015, through which 100,000 people accessed the web page. Given that, MC users can monkey about (pun definitely supposed), all the when creating a nice on the web local community with one particular another. He claimed that he and his wife have been the only customers of the household notebook, that no 1 experienced lived with them in the final yr, and that no one else could accessibility their wi-fi network. The FBI then hosted the site from this facility, hoping to discover its customers. You could even print out some data from CCRI’s web-site to share with the therapist if she or he is just commencing to study about on-line abuse.
It concluded the hearsay ruling was good, and even if it was not, Mr. Wagner experienced unsuccessful to demonstrate it influenced his significant rights. On appeal, Mr. Wagner contends the district court docket erred when it (A) applied the great religion exception to the NIT Warrant proof, (B) upheld the Residence Warrant, (C) admitted his job interview statements, (D) denied the outrageous federal government conduct movement, (E) sustained the hearsay objection, and (F) denied the sufficiency-of-the-evidence movement. The district court denied both motions. On April 8, 2008 Evil Angel and its owner John Stagliano have been charged in federal courtroom with many counts of obscenity. A federal grand jury indicted Mr. Wagner on two counts: (1) receipt of kid pornography, in violation of 18 U.S.C. Mr. Wagner moved for a new trial under Federal Rule of Criminal Procedure 33, asserting the court’s hearsay ruling in the course of Agent Jones’s cross-evaluation prevented his counsel from highlighting specific statements for the jury. The Government objected on rumour grounds, which the court sustained.6 Forensic examiner Corrigan testified about the baby pornography proof observed on the laptop in Mr. Wagner’s residence. Agents executed a warrant for his Kansas residence, exactly where they interviewed him and uncovered evidence of boy or girl pornography on a laptop computer.
District Court for the District of Kansas («Residence Warrant»). On enchantment, Mr. Wagner argues the district court erred in denying his motions to suppress and movement to dismiss the indictment. We affirm the district court docket on each issue. In sum, the demo court imposed a proportionate sentence. First, defendant’s heritage presented no grounds for a consecutive sentence. He denied accessing child pornography on his personal computer but admitted to a previous pornography dependancy. He denied information of the folder and asked the agents to go away. Agents in the home uncovered youngster pornography on the laptop in a folder labeled «TOR.»4 Agents Jones and Daniels then conducted a 2nd recorded interview of Mr. Wagner about the folder’s contents. He moved to suppress the NIT’s identification of his IP address, the youngster pornography evidence in his residence, and his statements to the brokers. It concluded (1) any proof seized under the NIT Warrant was admissible less than the superior faith exception to the exclusionary rule, (2) the Residence Warrant was supported by probable lead to and was sufficiently distinct,5 (3) Mr. Wagner’s statements ended up voluntary and elicited in a non-custodial setting, and (4) the Government did not interact in outrageous perform.