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U.S. v. KELLEY

No. 05-10547.

478 F.3d 1068 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth KELLEY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 1, 2007.

Attorney(s) appearing for the Case

Amber S. Rosen, Assistant United States Attorney, San Jose, CA, for the plaintiff-appellant.

Elizabeth M. Falk, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellee.

Before SANDRA DAY O'CONNOR, Associate Justice (Ret.), PAMELA ANN RYMER, and SIDNEY R. THOMAS, Circuit Judges.

Opinion by Judge RYMER; Dissent by Judge THOMAS.

OPINION

RYMER, Circuit Judge.

Kenneth Kelley's home computer was searched for images of child pornography pursuant to a warrant based on information discovered during two unrelated computer searches for child pornography, demonstrating that Kelley had received nine e-mails with attachments depicting young boys in sexually explicit positions. He moved to suppress evidence obtained in the search after...

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