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U.S. v. CRESPO-RIOS

No. 09-2252.

645 F.3d 37 (2011)

UNITED STATES of America, Appellant, v. Fernando CRESPO-RIOS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 8, 2011.

Attorney(s) appearing for the Case

J. Campbell Barker , Attorney, Appellate Section, Criminal Division, U.S. Department of Justice, with whom Lanny A. Breuer , Assistant Attorney General, Greg D. Andres , Acting Deputy Assistant Attorney General, Rosa Emilia Rodriguez-Velez , United States Attorney, Nelson Perez-Sosa , Assistant United States Attorney, Chief, Appellate Division, and Richard M. Re , Attorney, Criminal Division, U.S. Department of Justice, were on brief for appellant.

Rachel Brill , for appellee.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

TORRUELLA, Circuit Judge.

Fernando Crespo-Rios ("Crespo") was charged with (1) transferring obscene material to a minor under the age of sixteen in violation of 18 U.S.C. § 1470 and (2) possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). The district court granted his motion to suppress the child pornography that agents discovered on various digital media while they were executing a warrant to search for evidence of (1) transferring...

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