United States v. Brackett

Defendant appealed his conviction for transporting, producing, and attempting to produce child pornography and with possessing one or more computer files and other matter containing child pornography, all after having been previously convicted of a state-law offense involving the sexual abuse of a minor. The court agreed with the district court that the information set forth in the affidavit in this case established probable cause to believe that defendant's residence would contain evidence of the prohibited images of the minor victim. The court also concluded that the district court did not abuse its discretion by denying defendant's motion for a Franks hearing where defendant's argument is based upon supposition and isolated testimonial statements taken out of context. Accordingly, the court affirmed the judgment. View "United States v. Brackett" on Justia Law