Submitted: September 23, 2016
from United States District Court for the Eastern District of
Missouri - St. Louis
LOKEN, GRUENDER, and BENTON, Circuit Judges.
BENTON, Circuit Judge.
Morgan pled guilty to one count of production of child
pornography in violation of 18 U.S.C. § 2251(a) and one
count of attempted production in violation of 18 U.S.C.
§ 2251(a) and (e). He reserved the right to appeal the
denial of a motion to suppress. Morgan now appeals the motion
and two base-offense-level enhancements to his guidelines
range. Having jurisdiction under 28 U.S.C. § 1291, this
August 4, 2013, an officer discovered that a computer offered
child pornography by peer-to-peer file sharing. That day,
police identified the computer's IP address. Twenty-four
days later, police determined that the IP address was
assigned to Morgan. Over seven weeks later, a state judge
issued a search warrant for his home-75 days after the IP
address was identified and 51 days after investigators
associated the IP address with Morgan.
days later, police executed the warrant at Morgan's home.
They also arrested him on a warrant for an unrelated
arresting officer seized a cell phone from Morgan and, while
handcuffing him, noticed a tattoo on his wrist. At the
station, Morgan requested his cell phone to tell his employer
and sister where he was. Police gave him the cell phone,
under police supervision. As Morgan scrolled through his
contacts, he did not object as a detective watched his
screen. According to the detective, Morgan spontaneously
shared facts about the contacts. The detective wrote down
some names and numbers.
Morgan was in custody, a different detective found original
images of child pornography on a computer from his home. One
image showed a man with a tattooed arm touching a female
child's genitalia. The detective who found the images
asked Morgan to lift the sleeve of his shirt so that he could
photograph his tattoo. Morgan agreed, lifting his sleeve and
allowing photographs without objection. Morgan's tattoos
matched the tattoos in the photographs from his computer.
later identified the child in the computer images.
Morgan's public Facebook profile led to the profile of a
woman who a detective recalled was one of Morgan's
cell-phone contacts. Her public profile showed a daughter
resembling the child pictured.
district court denied Morgan's motion to suppress all
evidence seized from his home as well as physical evidence
seized from his person or possession. Following a conditional
guilty plea, the court sentenced him to 360 months, based on
a guidelines range including enhancements of: (1) four levels
for images depicting sadistic conduct and (2) five levels for
a pattern of activity.
court reviews a district court's factual findings for
clear error and its legal conclusions de novo. United
States v. Burston, 806 F.3d 1123, 1126 (8th Cir. 2015).
The denial of a motion to suppress is affirmed unless this
court "find[s] that the decision is unsupported by the
evidence, based on an erroneous view of the law, or the Court
is left with a firm conviction that a mistake has ...