United States v. Evans
United States v. Evans
Opinion of the Court
MEMORANDUM
Paul Evans appeals the district court’s denial of his motion to suppress evidence obtained during a search of his residence. Evans also requests that this court remand his case for resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
I
Evans contends that Special Agent Sara Bay’s affidavit, filed in support of her application for a search warrant of Evans’s residence, did not provide probable cause to support the issuance of the search warrant; that the information in the affidavit was stale; and that the warrant was over-broad.
Agent Bay’s affidavit gave sufficient facts to support the magistrate judge’s issuance of the warrant.
The information in Agent Bay’s affidavit was not impermissibly stale. In September 2003, Yahoo! reported to the National Center for Missing and Exploited Children that the user jakirabbit had uploaded images of child pornography. Agent Bay filed her Application and Affidavit for Search Warrant on January 20, 2004, four months after Yahoo! made its report. In her affidavit, Agent Bay ex
The affidavit supported the scope of the search warrant.
II
Evans next asserts that the district court improperly conducted the Franks hearing because the Government was allowed to question Agent Bay on matters not included in the affidavit. The district court granted Evans’s request for a Franks hearing for the sole purpose of examining the connection between the jakirabbit and welcome2myworld accounts. Agent Bay testified regarding this connection, and her testimony was proper and within the scope of the hearing. The district court did not err in finding that information Agent Bay omitted from her affidavit was immaterial to the magistrate’s determination that there was probable cause to search Evans’s residence. See Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978).
Ill
Evans’s contention that we must remand his case for resentencing lacks merit.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. We review for clear error whether the magistrate judge had a substantial basis for concluding probable cause existed and thus accord "great deference” to the magistrate’s determination of probable cause. See United States v. Meek, 366 F.3d 705, 712 (9th Cir. 2004).
. We review de novo whether a warrant is sufficiently specific. United States v. Noushfar, 78 F.3d 1442, 1447 (9th Cir. 1996); see also United States v. Spilotro, 800 F.2d 959, 963 (9th Cir. 1986).
. We review de novo whether a defendant has waived his or her statutory right to appeal by plea agreement. United States v. Shimoda, 334 F.3d 846, 848 (9th Cir. 2003).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.