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U.S. v. BANKS

No. 07-30130.

556 F.3d 967 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Levis BANKS, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2009.

Attorney(s) appearing for the Case

Dennis M. Charney, Charney and Associates, Eagle, ID, for the defendant-appellant.

James M. Peters (briefed), Assistant United States Attorney, Boise, ID; and Alexandra Gelber (briefed and argued), United States Department of Justice, Washington, D.C., for plaintiff-appellee.

Opinion by Judge RAWLINSON; Partial Concurrence and Partial Dissent by Judge ALARCÓN.

RAWLINSON, Circuit Judge:

In this appeal, we determine whether Jerry Levis Banks, Sr.'s (Banks) conviction on multiple counts involving the possession, production, transportation and receipt of images depicting minors engaged in sexually explicit conduct should be reversed based on the denial of his motion to suppress evidence seized pursuant to a warrant, the admission of testimonial evidence provided by Banks's wife alleged...

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