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U.S. v. COBB

No. 19-4172.

970 F.3d 319 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. James Timothy COBB, Defendant-Appellant. American Civil Liberties Union; American Civil Liberties Union of West Virginia, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 11, 2020.

Amended: August 17, 2020.

Attorney(s) appearing for the Case

L. Richard Walker , Senior Litigator, Clarksburg, West Virginia, Kristen Leddy , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Martinsburg, West Virginia, for Appellant. William J. Powell , United States Attorney, Sarah E. Wagner , OFFICE OF THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for Appellee. Nathan Freed Wessler , Brett Max Kaufman , Ezekiel Edwards , Jason D. Williamson , New York, New York, Jennifer Granick , ACLU FOUNDATION, San Francisco, California; Loree Stark , ACLU OF WEST VIRGINIA FOUNDATION, Charleston, West Virginia, for Amici American Civil Liberties Union and American Civil Liberties Union of West Virginia

Affirmed by published opinion. Senior Judge Traxler wrote the opinion, in which Judge Wilkinson joined. Judge Floyd wrote a dissenting opinion.

Defendant James Timothy Cobb ("Cobb") entered a conditional guilty plea to possession of child pornography. He appeals the district court's denial of his motion to suppress the images that were seized from his computer pursuant to a search warrant issued by a state magistrate judge. For the following reasons, we affirm...

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