U.S. v. BURKE

No. 10-3030.

633 F.3d 984 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Eric R. BURKE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 2, 2011.


Attorney(s) appearing for the Case

William D. Lunn, Jr. , William D. Lunn Attorney at Law ( G. Gordon Atcheson , The Atcheson Law Firm, Westwood, KS, on Opening Brief), Tulsa, OK, for Appellant.

James A. Brown , Assistant United States Attorney ( Lanny D. Welch , United States Attorney, with him on the brief), Office of the United States Attorney, Topeka, KS, for Appellee.

Before TYMKOVICH, TACHA, and BALDOCK, and Circuit Judges.


TYMKOVICH, Circuit Judge.

After police officers discovered firearms and over 1,500 images of pornography—many involving children—at the home of Eric Burke, he pleaded guilty to several child pornography and firearms charges. The district court sentenced him to a 168-month sentence. He now appeals, contending the district court erred in (1) denying his motion to suppress evidence seized at his home because the search warrant and supporting affidavit lacked...

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