IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-60346 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PHILLIP McCRANIE,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:98-CR-84-B-D -------------------- April 3, 2000

Before JONES, DUHÉ, and STEWART, Circuit Judges.

PER CURIAM:1

Phillip McCranie pleaded guilty to receiving visual depictions

of minors engaged in sexually explicit conduct that had been

transported in interstate commerce by computer. McCranie appeals

the district court’s denial of his motion to suppress. He argues

that the affidavit in support of the search warrant executed on his

residence included deliberately false or recklessly misleading

statements made in an attempt to induce the magistrate judge to

issue a warrant on facts which did not give rise to probable cause.

1 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Even if it is assumed that the statements to which McCranie

objects were recklessly made material misstatements, a common-sense

reading of the remaining portion of the affidavit was sufficient to

establish probable cause to believe that McCranie’s residence (more

specifically, his computer) contained evidence of child

pornography. See United States v. Alvarez, 127 F.3d 372m 373 (5th

Cir. 1997); United States v. Polk,

(5th Cir.

1997); United States v. Brown,

(5th Cir. 1991).

Accordingly, the district court’s denial of the motion to suppress

is AFFIRMED.