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United States v. Ericmann

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ARGUED FEBRUARY 18, 2009

Before ROVNER, EVANS, and TINDER, Circuit Judges.

Matthew Eric Mann entered a conditional guilty plea to one count of possessing child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). The district court sentenced Mann to sixty-three months imprisonment to be followed by five years of supervised release. Police discovered evidence supporting the child pornography charges while executing a warrant to search Mann’s computers and hard drives for the unrelated crime of voyeurism. Mann preserved the right to appeal the district court’s denial of his motion to suppress the child pornography on the grounds that the search exceeded the scope of the warrant. Although we are troubled by some aspects of the search, we ultimately conclude that, with one immaterial exception, the officer executing the search did not exceed the scope of the original warrant.

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