U.S. v. RENDON

No. 09-4687.

607 F.3d 982 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin RENDON, a/k/a Lina, a/k/a linalil, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 17, 2010.


Attorney(s) appearing for the Case

ARGUED: William Todd Watson, Office of The Federal Public Defender, Alexandria, Virginia, for Appellant. Andrew McCormack, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Michael S. Nachmanoff, Federal Public Defender, Caroline S. Platt, Research and Writing Attorney, Office Of The Federal Public Defender, Alexandria, Virginia, for Appellant. Neil H. MacBride, United States Attorney, Jay V. Prabhu, Assistant United States Attorney, Office Of The United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge Beaty joined.


OPINION

NIEMEYER, Circuit Judge:

In this appeal, Kevin Rendon challenges, as unconstitutional, a search of his Microsoft Zune MP3 player conducted by the military while he was a private in the U.S. Army, which led to his conviction in civilian court for possession of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(2) and 2256(8)(A).

While in the Army, Rendon's MP3 player was examined pursuant...

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