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U.S. v. KINISON

No. 12-5997.

710 F.3d 678 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Arthur KINISON, Jr., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

March 19, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Charles P. Wisdom, Jr. , United States Attorney's Office, Lexington, Kentucky, Jason A. Denney , United States Attorney's Office, Ft. Mitchell, Kentucky, for Appellant. Rachel D. Yavelak , Anggelis & Gordon, PLLC, Lexington, Kentucky, for Appellee.

Before: MARTIN, GUY, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Charles Kinison Jr. was indicted for receiving and possessing child pornography in violation of 18 U.S.C. § 2252(a)(2) and § 2252(a)(4)(B) after a search of his home turned up over 300 images and 40 videos of child pornography. The district court granted Kinison's motion to suppress this evidence on the ground that the magistrate did not have a substantial basis for concluding that the search would uncover evidence...

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