UNITED STATES v. TOLBERT

No. 22-2085.

92 F.4th 1265 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Alvin TOLBERT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 20, 2024.


Attorney(s) appearing for the Case

Todd B. Hotchkiss , Albuquerque, New Mexico, for Defendant-Appellant Donald Alvin Tolbert.

Alexander M.M. Uballez , U.S. Attorney, and Kristopher N. Houghton , Assistant U.S. Attorney, (with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee United States of America.

Before HARTZ, EBEL, and CARSON, Circuit Judges.


In this direct criminal appeal, Defendant Donald Alvin Tolbert challenges the district court's denial of his motion to suppress. In 2012, Tolbert sent seven emails with attachments containing child pornography using three different America Online (AOL) accounts. AOL used software to screen these emails which detected suspected...

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