United States v. Johnson

Defendant was convicted of production of child pornography and was sentenced to 354 months in prison. On appeal, defendant challenged the denial of his motion to suppress the evidence and the district court's application of a sentencing enhancement under USSG 2251 based on his prior conviction for criminal sexual conduct in the fifth degree. The court concluded that the information used to establish probable cause was not stale where the warrant, issued eleven months after defendant took the photos of the victim, was not based on stale information; even if the affidavit was insufficient to establish probable cause, the Leon good-faith exception prevents suppression of the seized evidence; and the Government met its burden to show any error by the district court in applying the sentencing enhancement was harmless. Accordingly, the court affirmed the judgment. View "United States v. Johnson" on Justia Law