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U.S. v. TOSTI

No. 12-10067.

733 F.3d 816 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Thomas TOSTI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2013.

Attorney(s) appearing for the Case

Amitai Schwartz (argued) and Moira Duvernay , Law Offices of Amitai Schwartz, Emeryville, CA, for Defendant-Appellant.

Melinda Haag , United States Attorney, and Barbara J. Valliere , Assistant United States Attorney, San Francisco, CA; Julia Malkina (argued), United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Before: MARY M. SCHROEDER, KENNETH F. RIPPLE, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

Defendant Donald Thomas Tosti ("Tosti") was convicted of possessing child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). He appeals from the district court's denial of his multiple motions to suppress evidence derived from both the 2005 search of his computer at a CompUSA store and the 2009 search of his home office. Tosti also challenges his 96-month sentence as unreasonable in light of his advanced age and...

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