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U.S. v. WELLMAN

No. 10-4689.

663 F.3d 224 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. John Charles WELLMAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 7, 2011.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. J. Christopher Krivonyak , Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, David R. Bungard , Assistant Federal Public Defender, Office of The Federal Public Defender, Charleston, West Virginia, for Appellant. R. Booth Goodwin II , United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge WYNN and Senior Judge HAMILTON joined.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

John Charles Wellman was convicted in a jury trial of three offenses related to his possession of child pornography. He raises three challenges in this appeal. Wellman argues that the search warrant that led to his arrest was invalid, that a jury instruction involving the term "obscene" was erroneous because it lacked a knowledge requirement, and that his sentence was imposed in violation of the Eighth Amendment...

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