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U.S. v. CAREY

No. 98-3077.

172 F.3d 1268 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick CAREY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Order Denying Rehearing April 30, 1999.

Attorney(s) appearing for the Case

John V. Wachtel, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for Defendant-Appellant.

Thomas G. Luedke, Assistant United States Attorney (Jackie N. Williams, United States Attorney, with him on the briefs), Topeka, Kansas, for Plaintiff-Appellee.

Before PORFILIO, McWILLIAMS, and BALDOCK, Circuit Judges.

PORFILIO, Circuit Judge.

Patrick J. Carey was charged with one count of possessing a computer hard drive that contained three or more images of child pornography produced with materials shipped in interstate commerce. See 18 U.S.C. § 2252A(a)(5)(B) (1996).1 Following a conditional plea of guilty, he appeals an order of the district court denying his motion to suppress the material seized from his computer on grounds it was...

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