U.S. v. DUNNING

No. 16-5164.

857 F.3d 342 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Bret A. DUNNING, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 18, 2017.


Attorney(s) appearing for the Case

ARGUED: Athanasia N. Lewis , GLENN MARTIN HAMMOND LAW OFFICE, Pikeville, Kentucky, for Appellant. Daniel E. Hancock , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee. ON BRIEF: Stephen W. Owens , Pikeville, Kentucky, for Appellant. Daniel E. Hancock , Charles P. Wisdom Jr. , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.

BATCHELDER, J., delivered the opinion of the court in which ROGERS, J., joined. MERRITT, J. (pp. 351-53), delivered a separate dissenting opinion.


OPINION

Bret Dunning was indicted for knowingly receiving and possessing child pornography in violation of 18 U.S.C. § 2252(a)(2) and (a)(4)(B). He moved to compel discovery and to suppress evidence that the police seized from his home. After the district court denied his motions and his request...

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