Tuesday, October 01, 2013

United States v. Tosti, No. 12-10067 (10-1-13)(Callahan with Schroeder and Ripple). 

The 9th affirmed the conviction and sentence of 96 months on the 76 year old defendant, in ill health, for possession of child porn.  The 9th found that the warrantless search of the defendant's computer at a computer  store was not error as the computer was taken into the store for repairs and had already been examined by a technician.  The search of his home office was lawful because his wife had apparent authority to give consent.  The sentence was reasonable as the court considered all the factors, including the defendant's age, health, and physical condition and conditions of confinement as well as the nature of the offense and the harm.


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