text:
United States v. H. Marc Watzman, 486 F.3d 1004 (7th Cir. 2007)
Court of Appeals for the Seventh Circuit
Filed: May 16th, 2007
Precedential Status: Precedential
Citations: 486 F.3d 1004
Docket Number: 05-4669

486 F.3d 1004

UNITED STATES of America, Plaintiff-Appellee.
v.
H. Marc WATZMAN, Defendant-Appellant.

No. 05-4669.

United States Court of Appeals, Seventh Circuit.

Argued October 3, 2006.

Decided May 16, 2007.

Markus Funk, Monika Bickert (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Thomas A. Durkin (argued), Mariah E. Moran, Durkin & Roberts, Chicago, IL, for Defendant-Appellant.

Before MANION, KANNE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

1
Marc Watzman conditionally pleaded guilty to one count of possessing child pornography, 18 U.S.C. § 2252A(a)(5)(B), and nine counts of receiving child pornography, 18 U.S.C. § 2252A(a)(2)(A), (b)(1). On appeal he challenges the denial of his motion to suppress evidence seized from his home, arguing that the search warrant was not based on probable cause because it was issued on the basis of illegally obtained evidence. Watzman also challenges the denial of his motion to require the government to prove his "intent to traffic" in connection with the nine counts of receiving child pornography. He contends the statute is unconstitutionally vague absent this element. We affirm.

I. Background

2
In early 2003 a federal investigation based in New Jersey uncovered a company called "Regpay" located in Minsk, Belarus, that operated numerous fee-based websites containing pornographic images of children. By purchasing memberships to these sites, federal agents were able to view the websites' content and confirm that they advertised and included child pornography. In June 2003 investigators seized the company's customer database, which consisted of the names, mailing and e-mail addresses, and credit card numbers of the customers who bought access to any of its websites, as well as the dates of purchase and the names of the websites. One such customer was Marc Watzman, a Chicago resident who had paid for access to eight of the company's web-sites, including sites named "www.lolitacastle.com" and "www.undergroundlolitastudio.com."

3
In April 2003 Watzman began transacting with "Pedoshop," a "child pornography production organization" based in Russia. Through e-mail, Pedoshop offered Watzman access to its "very big child porno collection," and shortly thereafter Watzman placed an order. Between April and October he ordered 89 video clips that contained child pornography. Watzman paid $9700 to Pedoshop for the videos.

4
Based on information Watzman had supplied in registering for the websites, investigators tracked him to a post office box in Chicago and from there obtained his home address and driver's license records. Through visual surveillance, investigators confirmed that Watzman, a 37-year-old pediatrician, lived in a garden apartment at 1454 North Wieland Street in Chicago. On October 22, 2003, officers from the Chicago Police Department, cooperating with federal agents, went to Watzman's apartment and told him they were following up on a burglary he had reported two years earlier. Watzman allowed the officers to enter his apartment, where they noticed a desktop computer connected to an active cable modem, as well as a laptop computer.

5
On October 24, 2003, federal agents applied for a warrant to search Watzman's apartment and seize evidence of his receipt and possession of child pornography, including credit card records; documents confirming his ownership of the post office box used to obtain membership to pornographic websites; computer hardware and software; and any sexually explicit images of children, including videos, photographs, and digital images. The warrant application was supported by a 23-page affidavit by Ronald Wolflick, a special agent from the Bureau of Immigration and Customs Enforcement and supervisor of the Cyber-Crimes Investigations Group in Chicago. Among the information included in the affidavit were four paragraphs in which Wolflick described the contact between Watzman and Chicago police officers two days earlier. The magistrate judge issued the warrant, and a search was conducted the following day. Among the items seized were Watzman's desktop and laptop computers, which held thousands of digital images depicting child pornography, and a number of DVDs with similar content, some encrypted and requiring extensive decoding.

6
Watzman was ultimately charged with one count of possessing child pornography, nine counts of receiving it, and one count of money laundering. Among various pretrial motions he filed was a motion to quash the search warrant and suppress all evidence seized during its execution on October 25. He principally argued that the ruse engaged in by the Chicago police officers to gain consent to enter his home on October 22 invalidated the search warrant. Watzman contended the ruse was unlawful and any information gleaned during the officers' visit—in particular, the knowledge that he had two computers inside his home—was tainted. Absent this information, he argued, there was no reason to believe contraband would be found in the apartment and thus no basis for the warrant. The district court held that the October 22 consent search was invalid, but declined to suppress the evidence obtained on October 25 pursuant to the warrant. The court reasoned that "the remaining averments in the affidavit of Agent Wolflick provide probable cause for the issuance of the warrant."

7
Watzman also filed a motion to require the government to prove, as an element of receiving child pornography, that he intended to traffic in child pornography. Otherwise, he argued, no meaningful distinction could be made between "receiving" and "possessing" child pornography and therefore the statute was unconstitutionally vague. The district court denied the motion. Watzman then entered into a plea agreement with the government, pleading guilty to one count of possessing and nine counts of receiving child pornography and reserving his right to challenge the district court's rulings on his suppression motion and his motion challenging the receipt statute. The district court imposed concurrent sentences of five years' imprisonment on each count, the minimum penalty under the statute and below the advisory guidelines range of 78 to 97 months.

II. Discussion

8
On appeal Watzman first argues that the affidavit in support of the application for a search warrant did not establish probable cause to believe that evidence of a crime would be found in his apartment. We review de novo the district court's determination that the warrant was supported by probable cause. United States v. Sidwell, 440 F.3d 865, 868 (7th Cir.2006). Because this is a case where the validity of the warrant rests solely on the strength of an affidavit, probable cause exists if the affidavit "sets forth sufficient evidence to induce a reasonably prudent person to believe that a search will uncover evidence of a crime." United States v. Peck, 317 F.3d 754, 756 (7th Cir.2003); see United States v. Anderson, 450 F.3d 294, 302-03 (7th Cir.2006). The inquiry is "practical, not technical." Anderson, 450 F.3d at 302; see Sidwell, 440 F.3d at 868.

9
The government has not challenged the district court's conclusion that any information gleaned during the phony "burglary follow-up" on October 22 is tainted. So we must determine whether the affidavit sworn on October 24, when purged of these facts, still contained sufficient information to establish probable cause. Watzman argues that it did not, primarily because the officers' observations on October 22 were the only evidence that his apartment had a working computer and Internet connection, and without that information the affidavit "failed to establish that any illegal activity could be found" in his home. The district court improperly assumed, he argues, that "pornography necessarily is viewed in the privacy of one's own home." Watzman submits that it is "equally likely" that one might download child pornography in "innumerable places, such as offices, public and private libraries, universities and airports."

10
Watzman's argument is meritless. First, probable cause is not certainty; it requires "only a probability or substantial chance that evidence may be found." Sidwell, 440 F.3d at 869. Thus, Watzman's assertion that alternative inferences might have been drawn about where child pornography might be stored is unavailing. Moreover, a finding of probable cause "does not require direct evidence linking a crime to a particular place." Anderson, 450 F.3d at 303. Reasonable inferences are permitted. Id.; United States v. Angle, 234 F.3d 326, 335 (7th Cir.2000). In his affidavit Agent Wolflick explained in great detail his experience with consumers of child pornography and specifically averred that these individuals tend to hoard collections at home. The district court's reliance on these expert representations is not an "assumption"; the court was entitled to rely on Agent Wolflick's expertise to conclude that there was a fair probability that child pornography would be found in Watzman's home. See United States v. Hall, 142 F.3d 988, 995 (7th Cir.1998) (citing "expert information" in affidavit that "pornographers tend to maintain their collections of material for long periods, usually at home"); United States v. Lacy, 119 F.3d 742, 746 (9th Cir.1997) (holding that affidavit provided "ample reason" to believe items sought were in defendant's apartment, where affiant stated that "collectors and distributors of child pornography value their sexually explicit materials highly, `rarely if ever' dispose of such material, and store it `for long periods' in a secure place, typically in their homes").

11
Watzman further contends that the information in the affidavit was stale. The most recent listed date on which Watzman downloaded child pornography was in July 2003, and the warrant was not sought until October 2003. Accordingly, Watzman asserts, there was no evidence that he still possessed any child pornography, other than Agent Wolflick's "uncorroborated assertion" that individuals who view child pornography tend to make collections and maintain them for years.

12
Watzman's argument is unconvincing. The age of information contained in an affidavit is only one factor a judge considers, and it is less important when the criminal activity in question is apparently continuous. See United States v. Spry, 190 F.3d 829, 836 (7th Cir.1999). Moreover, we previously have concluded that "[i]nformation a year old is not necessarily stale as a matter of law, especially where child pornography is concerned." United States v. Newsom, 402 F.3d 780, 783 (7th Cir.2005) (emphasis added). In Newsom, the affidavit before the judge did not state that child pornographers tend to hold on to their stashes; rather, "it was clear from the context" that law enforcement officials believed that the defendant still possessed such materials. Id. Here, Agent Wolflick specifically averred that individuals who view child pornography typically "maintain their collections for many years" and "keep and collect items containing child pornography over long periods of time." Again, despite Watzman's insistence to the contrary, the district court was entitled to rely on the experience of an expert in the field of enforcing child pornography laws when evaluating the sufficiency of the affidavit. See United States v. Gourde, 440 F.3d 1065, 1071-72 (9th Cir.2006) (en banc) (four-month lapse immaterial where affidavit explained that consumers of child pornography become "pack rats" due to the difficulty of obtaining materials); United States v. Chrobak, 289 F.3d 1043, 1046 (8th Cir.2002) (rejecting argument that information about images transmitted ninety-one days before search was stale on basis of affiant's statement that "child pornographers generally retain their pornography for extended periods"). In this case, where only three months passed, and Agent Wolflick attested that those who possess child pornography save their materials, Watzman's argument that the information in the affidavit was stale is meritless.

13
Watzman also challenges the district court's rejection of his argument that the statute criminalizing the receipt of child pornography is unconstitutionally vague "because it does not define `receipt' or distinguish it from the offense of mere possession." Watzman contends that "without any evidence of trafficking and distributing," "receipt" cannot be distinguished from "possession" and, therefore, the statute "enables arbitrary and discriminatory prosecution." A criminal statute is unconstitutionally vague if it does not define the criminal offense with enough specificity to provide people of ordinary intelligence with notice of what is prohibited or if it fails to provide explicit standards to prevent arbitrary and discriminatory enforcement. See Kolender v. Lawson, 461 U.S. 352, 357, 103 S. Ct. 1855, 75 L. Ed. 2d 903 (1983); United States v. Lim, 444 F.3d 910, 915 (7th Cir.2006). The statute in question makes it a crime for a person to "knowingly receive[ ] or distribute[ ] ... child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer." 18 U.S.C. § 2252A(a)(2). In contrast, the subsection of § 2252A concerning simple possession targets any individual who "knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer." § 2252A(a)(5)(B).

14
Watzman has not established that § 2252A(a)(2) fails either the "notice" or the "arbitrary enforcement" tests for unconstitutional vagueness. We have previously rejected the argument that "the distinction between receipt and possession of child pornography is meaningless, because anyone in possession of child pornography must have received it at some time." United States v. Myers, 355 F.3d 1040, 1042-43 (7th Cir.2004). We noted in Myers that to be convicted of receiving, the defendant must have known the material he was receiving depicted minors engaged in sexually explicit conduct. See id. at 1042 (citing United States v. X-Citement Video, Inc., 513 U.S. 64, 78, 115 S. Ct. 464, 130 L. Ed. 2d 372 (1994)). Accordingly, a person who receives child pornography by accident (for example, if he sought adult pornography but was sent child pornography instead) is not guilty of knowingly receiving it, though he is guilty of possessing it if he retains it. Myers, 355 F.3d at 1042; see United States v. Malik, 385 F.3d 758, 759 (7th Cir.2004) (positing that a person who created an image or found it in trash could "possess" child pornography without ever receiving it). We stated that receiving materials that have been shipped in interstate commerce is conduct more closely linked to the market for child pornography and so "possession and receipt are not the same conduct and threaten distinct harms." Myers, 355 F.3d at 1042-43; see United States v. Barevich, 445 F.3d 956, 959 (7th Cir.2006) (explaining that "[t]ransporting and receiving child pornography increases market demand"). This is so without an element of "intent to traffic."

15
Although Myers did not address a vagueness challenge, the opinion squarely rejected the premise of Watzman's constitutional argument—that receipt and possession are substantially the same offense. By distinguishing receipt from possession, the two subsections of the statute are sufficiently clear about what conduct each prohibits. In addition, it cannot be said that the receiving child pornography statute relies on the discretion of those who enforce it to define its terms. We have recognized that all receivers are possessors but not all possessors are receivers, and so the matter of which crime to charge is not simply a product of the prosecutor's whims, as Watzman suggests. Watzman's conduct violated multiple statutes, but this is unremarkable, see Malik, 385 F.3d at 760, and has no bearing on whether the statute is unconstitutionally vague.

16
Finally, Watzman contends that receiving child pornography exclusively for his own private use is not the type of conduct at which the statute is aimed. We have previously rejected the argument that there is some sort of "personal use" exception to this statute. See United States v. Ellison, 113 F.3d 77, 81 (7th Cir.1997) ("[E]ven the receipt of the prohibited materials for personal use, without more, keeps producers and distributors of this filth in business.").

17
AFFIRMED.

label: Sentence

text: United

text: States

text: v

text: H

text: Marc

text: Watzman

text: F

text: d

text: th

text: Cir

text: Court

text: of

text: Appeals

text: for

text: the

text: Seventh

text: Circuit

text: Filed

text: May

text: th

text: Precedential

text: Status

text: Precedential

text: Citations

text: F

text: d

text: Docket

text: Number

text: F

text: d

text: UNITED

text: STATES

text: of

text: America

text: Plaintiff

text: Appellee

text: v

text: H

text: Marc

text: WATZMAN

text: Defendant

text: Appellant

text: No

text: United

text: States

text: Court

text: of

text: Appeals

text: Seventh

text: Circuit

text: Argued

text: October

text: Decided

text: May

text: Markus

text: Funk

text: Monika

text: Bickert

text: argued

text: Office

text: of

text: the

text: United

text: States

text: Attorney

text: Chicago

text: IL

text: for

text: Plaintiff

text: Appellee

text: Thomas

text: A

text: Durkin

text: argued

text: Mariah

text: E

text: Moran

text: Durkin

text: Roberts

text: Chicago

text: IL

text: for

text: Defendant

text: Appellant

text: Before

text: MANION

text: KANNE

text: and

text: SYKES

text: Circuit

text: Judges

text: SYKES

text: Circuit

text: Judge

text: Marc

text: Watzman

text: conditionally

text: pleaded

text: guilty

text: to

text: one

text: count

text: of

text: possessing

text: child

text: pornography

text: U

text: S

text: C

text: A

text: a

text: B

text: and

text: nine

text: counts

text: of

text: receiving

text: child

text: pornography

text: U

text: S

text: C

text: A

text: a

text: A

text: b

text: On

text: appeal

text: he

text: challenges

text: the

text: denial

text: of

text: his

text: motion

text: to

text: suppress

text: evidence

text: seized

text: from

text: his

text: home

text: arguing

text: that

text: the

text: search

text: warrant

text: was

text: not

text: based

text: on

text: probable

text: cause

text: because

text: it

text: was

text: issued

text: on

text: the

text: basis

text: of

text: illegally

text: obtained

text: evidence

text: Watzman

text: also

text: challenges

text: the

text: denial

text: of

text: his

text: motion

text: to

text: require

text: the

text: government

text: to

text: prove

text: his

text: intent

text: to

text: traffic

text: in

text: connection

text: with

text: the

text: nine

text: counts

text: of

text: receiving

text: child

text: pornography

text: He

text: contends

text: the

text: statute

text: is

text: unconstitutionally

text: vague

text: absent

text: this

text: element

text: We

text: affirm

text: I

text: Background

text: In

text: early

text: a

text: federal

text: investigation

text: based

text: in

text: New

text: Jersey

text: uncovered

text: a

text: company

text: called

text: Regpay

text: located

text: in

text: Minsk

text: Belarus

text: that

text: operated

text: numerous

text: fee

text: based

text: websites

text: containing

text: pornographic

text: images

text: of

text: children

text: By

text: purchasing

text: memberships

text: to

text: these

text: sites

text: federal

text: agents

text: were

text: able

text: to

text: view

text: the

text: websites

text: content

text: and

text: confirm

text: that

text: they

text: advertised

text: and

text: included

text: child

text: pornography

text: In

text: June

text: investigators

text: seized

text: the

text: company

text: s

text: customer

text: database

text: which

text: consisted

text: of

text: the

text: names

text: mailing

text: and

text: e

text: mail

text: addresses

text: and

text: credit

text: card

text: numbers

text: of

text: the

text: customers

text: who

text: bought

text: access

text: to

text: any

text: of

text: its

text: websites

text: as

text: well

text: as

text: the

text: dates

text: of

text: purchase

text: and

text: the

text: names

text: of

text: the

text: websites

text: One

text: such

text: customer

text: was

text: Marc

text: Watzman

text: a

text: Chicago

text: resident

text: who

text: had

text: paid

text: for

text: access

text: to

text: eight

text: of

text: the

text: company

text: s

text: web

text: sites

text: including

text: sites

text: named

text: www

text: lolitacastle

text: com

text: and

text: www

text: undergroundlolitastudio

text: com

text: In

text: April

text: Watzman

text: began

text: transacting

text: with

text: Pedoshop

text: a

text: child

text: pornography

text: production

text: organization

text: based

text: in

text: Russia

text: Through

text: e

text: mail

text: Pedoshop

text: offered

text: Watzman

text: access

text: to

text: its

text: very

text: big

text: child

text: porno

text: collection

text: and

text: shortly

text: thereafter

text: Watzman

text: placed

text: an

text: order

text: Between

text: April

text: and

text: October

text: he

text: ordered

text: video

text: clips

text: that

text: contained

text: child

text: pornography

text: Watzman

text: paid

text: to

text: Pedoshop

text: for

text: the

text: videos

text: Based

text: on

text: information

text: Watzman

text: had

text: supplied

text: in

text: registering

text: for

text: the

text: websites

text: investigators

text: tracked

text: him

text: to

text: a

text: post

text: office

text: box

text: in

text: Chicago

text: and

text: from

text: there

text: obtained

text: his

text: home

text: address

text: and

text: driver

text: s

text: license

text: records

text: Through

text: visual

text: surveillance

text: investigators

text: confirmed

text: that

text: Watzman

text: a

text: year

text: old

text: pediatrician

text: lived

text: in

text: a

text: garden

text: apartment

text: at

text: North

text: Wieland

text: Street

text: in

text: Chicago

text: On

text: October

text: officers

text: from

text: the

text: Chicago

text: Police

text: Department

text: cooperating

text: with

text: federal

text: agents

text: went

text: to

text: Watzman

text: s

text: apartment

text: and

text: told

text: him

text: they

text: were

text: following

text: up

text: on

text: a

text: burglary

text: he

text: had

text: reported

text: two

text: years

text: earlier

text: Watzman

text: allowed

text: the

text: officers

text: to

text: enter

text: his

text: apartment

text: where

text: they

text: noticed

text: a

text: desktop

text: computer

text: connected

text: to

text: an

text: active

text: cable

text: modem

text: as

text: well

text: as

text: a

text: laptop

text: computer

text: On

text: October

text: federal

text: agents

text: applied

text: for

text: a

text: warrant

text: to

text: search

text: Watzman

text: s

text: apartment

text: and

text: seize

text: evidence

text: of

text: his

text: receipt

text: and

text: possession

text: of

text: child

text: pornography

text: including

text: credit

text: card

text: records

text: documents

text: confirming

text: his

text: ownership

text: of

text: the

text: post

text: office

text: box

text: used

text: to

text: obtain

text: membership

text: to

text: pornographic

text: websites

text: computer

text: hardware

text: and

text: software

text: and

text: any

text: sexually

text: explicit

text: images

text: of

text: children

text: including

text: videos

text: photographs

text: and

text: digital

text: images

text: The

text: warrant

text: application

text: was

text: supported

text: by

text: a

text: page

text: affidavit

text: by

text: Ronald

text: Wolflick

text: a

text: special

text: agent

text: from

text: the

text: Bureau

text: of

text: Immigration

text: and

text: Customs

text: Enforcement

text: and

text: supervisor

text: of

text: the

text: Cyber

text: Crimes

text: Investigations

text: Group

text: in

text: Chicago

text: Among

text: the

text: information

text: included

text: in

text: the

text: affidavit

text: were

text: four

text: paragraphs

text: in

text: which

text: Wolflick

text: described

text: the

text: contact

text: between

text: Watzman

text: and

text: Chicago

text: police

text: officers

text: two

text: days

text: earlier

text: The

text: magistrate

text: judge

text: issued

text: the

text: warrant

text: and

text: a

text: search

text: was

text: conducted

text: the

text: following

text: day

text: Among

text: the

text: items

text: seized

text: were

text: Watzman

text: s

text: desktop

text: and

text: laptop

text: computers

text: which

text: held

text: thousands

text: of

text: digital

text: images

text: depicting

text: child

text: pornography

text: and

text: a

text: number

text: of

text: DVDs

text: with

text: similar

text: content

text: some

text: encrypted

text: and

text: requiring

text: extensive

text: decoding

text: Watzman

text: was

text: ultimately

text: charged

text: with

text: one

text: count

text: of

text: possessing

text: child

text: pornography

text: nine

text: counts

text: of

text: receiving

text: it

text: and

text: one

text: count

text: of

text: money

text: laundering

text: Among

text: various

text: pretrial

text: motions

text: he

text: filed

text: was

text: a

text: motion

text: to

text: quash

text: the

text: search

text: warrant

text: and

text: suppress

text: all

text: evidence

text: seized

text: during

text: its

text: execution

text: on

text: October

text: He

text: principally

text: argued

text: that

text: the

text: ruse

text: engaged

text: in

text: by

text: the

text: Chicago

text: police

text: officers

text: to

text: gain

text: consent

text: to

text: enter

text: his

text: home

text: on

text: October

text: invalidated

text: the

text: search

text: warrant

text: Watzman

text: contended

text: the

text: ruse

text: was

text: unlawful

text: and

text: any

text: information

text: gleaned

text: during

text: the

text: officers

text: visit

text: in

text: particular

text: the

text: knowledge

text: that

text: he

text: had

text: two

text: computers

text: inside

text: his

text: home

text: was

text: tainted

text: Absent

text: this

text: information

text: he

text: argued

text: there

text: was

text: no

text: reason

text: to

text: believe

text: contraband

text: would

text: be

text: found

text: in

text: the

text: apartment

text: and

text: thus

text: no

text: basis

text: for

text: the

text: warrant

text: The

text: district

text: court

text: held

text: that

text: the

text: October

text: consent

text: search

text: was

text: invalid

text: but

text: declined

text: to

text: suppress

text: the

text: evidence

text: obtained

text: on

text: October

text: pursuant

text: to

text: the

text: warrant

text: The

text: court

text: reasoned

text: that

text: the

text: remaining

text: averments

text: in

text: the

text: affidavit

text: of

text: Agent

text: Wolflick

text: provide

text: probable

text: cause

text: for

text: the

text: issuance

text: of

text: the

text: warrant

text: Watzman

text: also

text: filed

text: a

text: motion

text: to

text: require

text: the

text: government

text: to

text: prove

text: as

text: an

text: element

text: of

text: receiving

text: child

text: pornography

text: that

text: he

text: intended

text: to

text: traffic

text: in

text: child

text: pornography

text: Otherwise

text: he

text: argued

text: no

text: meaningful

text: distinction

text: could

text: be

text: made

text: between

text: receiving

text: and

text: possessing

text: child

text: pornography

text: and

text: therefore

text: the

text: statute

text: was

text: unconstitutionally

text: vague

text: The

text: district

text: court

text: denied

text: the

text: motion

text: Watzman

text: then

text: entered

text: into

text: a

text: plea

text: agreement

text: with

text: the

text: government

text: pleading

text: guilty

text: to

text: one

text: count

text: of

text: possessing

text: and

text: nine

text: counts

text: of

text: receiving

text: child

text: pornography

text: and

text: reserving

text: his

text: right

text: to

text: challenge

text: the

text: district

text: court

text: s

text: rulings

text: on

text: his

text: suppression

text: motion

text: and

text: his

text: motion

text: challenging

text: the

text: receipt

text: statute

text: The

text: district

text: court

text: imposed

text: concurrent

text: sentences

text: of

text: five

text: years

text: imprisonment

text: on

text: each

text: count

text: the

text: minimum

text: penalty

text: under

text: the

text: statute

text: and

text: below

text: the

text: advisory

text: guidelines

text: range

text: of

text: to

text: months

text: II

text: Discussion

text: On

text: appeal

text: Watzman

text: first

text: argues

text: that

text: the

text: affidavit

text: in

text: support

text: of

text: the

text: application

text: for

text: a

text: search

text: warrant

text: did

text: not

text: establish

text: probable

text: cause

text: to

text: believe

text: that

text: evidence

text: of

text: a

text: crime

text: would

text: be

text: found

text: in

text: his

text: apartment

text: We

text: review

text: de

text: novo

text: the

text: district

text: court

text: s

text: determination

text: that

text: the

text: warrant

text: was

text: supported

text: by

text: probable

text: cause

text: United

text: States

text: v

text: Sidwell

text: F

text: d

text: th

text: Cir

text: Because

text: this

text: is

text: a

text: case

text: where

text: the

text: validity

text: of

text: the

text: warrant

text: rests

text: solely

text: on

text: the

text: strength

text: of

text: an

text: affidavit

text: probable

text: cause

text: exists

text: if

text: the

text: affidavit

text: sets

text: forth

text: sufficient

text: evidence

text: to

text: induce

text: a

text: reasonably

text: prudent

text: person

text: to

text: believe

text: that

text: a

text: search

text: will

text: uncover

text: evidence

text: of

text: a

text: crime

text: United

text: States

text: v

text: Peck

text: F

text: d

text: th

text: Cir

text: see

text: United

text: States

text: v

text: Anderson

text: F

text: d

text: th

text: Cir

text: The

text: inquiry

text: is

text: practical

text: not

text: technical

text: Anderson

text: F

text: d

text: at

text: see

text: Sidwell

text: F

text: d

text: at

text: The

text: government

text: has

text: not

text: challenged

text: the

text: district

text: court

text: s

text: conclusion

text: that

text: any

text: information

text: gleaned

text: during

text: the

text: phony

text: burglary

text: follow

text: up

text: on

text: October

text: is

text: tainted

text: So

text: we

text: must

text: determine

text: whether

text: the

text: affidavit

text: sworn

text: on

text: October

text: when

text: purged

text: of

text: these

text: facts

text: still

text: contained

text: sufficient

text: information

text: to

text: establish

text: probable

text: cause

text: Watzman

text: argues

text: that

text: it

text: did

text: not

text: primarily

text: because

text: the

text: officers

text: observations

text: on

text: October

text: were

text: the

text: only

text: evidence

text: that

text: his

text: apartment

text: had

text: a

text: working

text: computer

text: and

text: Internet

text: connection

text: and

text: without

text: that

text: information

text: the

text: affidavit

text: failed

text: to

text: establish

text: that

text: any

text: illegal

text: activity

text: could

text: be

text: found

text: in

text: his

text: home

text: The

text: district

text: court

text: improperly

text: assumed

text: he

text: argues

text: that

text: pornography

text: necessarily

text: is

text: viewed

text: in

text: the

text: privacy

text: of

text: one

text: s

text: own

text: home

text: Watzman

text: submits

text: that

text: it

text: is

text: equally

text: likely

text: that

text: one

text: might

text: download

text: child

text: pornography

text: in

text: innumerable

text: places

text: such

text: as

text: offices

text: public

text: and

text: private

text: libraries

text: universities

text: and

text: airports

text: Watzman

text: s

text: argument

text: is

text: meritless

text: First

text: probable

text: cause

text: is

text: not

text: certainty

text: it

text: requires

text: only

text: a

text: probability

text: or

text: substantial

text: chance

text: that

text: evidence

text: may

text: be

text: found

text: Sidwell

text: F

text: d

text: at

text: Thus

text: Watzman

text: s

text: assertion

text: that

text: alternative

text: inferences

text: might

text: have

text: been

text: drawn

text: about

text: where

text: child

text: pornography

text: might

text: be

text: stored

text: is

text: unavailing

text: Moreover

text: a

text: finding

text: of

text: probable

text: cause

text: does

text: not

text: require

text: direct

text: evidence

text: linking

text: a

text: crime

text: to

text: a

text: particular

text: place

text: Anderson

text: F

text: d

text: at

text: Reasonable

text: inferences

text: are

text: permitted

text: Id

text: United

text: States

text: v

text: Angle

text: F

text: d

text: th

text: Cir

text: In

text: his

text: affidavit

text: Agent

text: Wolflick

text: explained

text: in

text: great

text: detail

text: his

text: experience

text: with

text: consumers

text: of

text: child

text: pornography

text: and

text: specifically

text: averred

text: that

text: these

text: individuals

text: tend

text: to

text: hoard

text: collections

text: at

text: home

text: The

text: district

text: court

text: s

text: reliance

text: on

text: these

text: expert

text: representations

text: is

text: not

text: an

text: assumption

text: the

text: court

text: was

text: entitled

text: to

text: rely

text: on

text: Agent

text: Wolflick

text: s

text: expertise

text: to

text: conclude

text: that

text: there

text: was

text: a

text: fair

text: probability

text: that

text: child

text: pornography

text: would

text: be

text: found

text: in

text: Watzman

text: s

text: home

text: See

text: United

text: States

text: v

text: Hall

text: F

text: d

text: th

text: Cir

text: citing

text: expert

text: information

text: in

text: affidavit

text: that

text: pornographers

text: tend

text: to

text: maintain

text: their

text: collections

text: of

text: material

text: for

text: long

text: periods

text: usually

text: at

text: home

text: United

text: States

text: v

text: Lacy

text: F

text: d

text: th

text: Cir

text: holding

text: that

text: affidavit

text: provided

text: ample

text: reason

text: to

text: believe

text: items

text: sought

text: were

text: in

text: defendant

text: s

text: apartment

text: where

text: affiant

text: stated

text: that

text: collectors

text: and

text: distributors

text: of

text: child

text: pornography

text: value

text: their

text: sexually

text: explicit

text: materials

text: highly

text: rarely

text: if

text: ever

text: dispose

text: of

text: such

text: material

text: and

text: store

text: it

text: for

text: long

text: periods

text: in

text: a

text: secure

text: place

text: typically

text: in

text: their

text: homes

text: Watzman

text: further

text: contends

text: that

text: the

text: information

text: in

text: the

text: affidavit

text: was

text: stale

text: The

text: most

text: recent

text: listed

text: date

text: on

text: which

text: Watzman

text: downloaded

text: child

text: pornography

text: was

text: in

text: July

text: and

text: the

text: warrant

text: was

text: not

text: sought

text: until

text: October

text: Accordingly

text: Watzman

text: asserts

text: there

text: was

text: no

text: evidence

text: that

text: he

text: still

text: possessed

text: any

text: child

text: pornography

text: other

text: than

text: Agent

text: Wolflick

text: s

text: uncorroborated

text: assertion

text: that

text: individuals

text: who

text: view

text: child

text: pornography

text: tend

text: to

text: make

text: collections

text: and

text: maintain

text: them

text: for

text: years

text: Watzman

text: s

text: argument

text: is

text: unconvincing

text: The

text: age

text: of

text: information

text: contained

text: in

text: an

text: affidavit

text: is

text: only

text: one

text: factor

text: a

text: judge

text: considers

text: and

text: it

text: is

text: less

text: important

text: when

text: the

text: criminal

text: activity

text: in

text: question

text: is

text: apparently

text: continuous

text: See

text: United

text: States

text: v

text: Spry

text: F

text: d

text: th

text: Cir

text: Moreover

text: we

text: previously

text: have

text: concluded

text: that

text: i

text: nformation

text: a

text: year

text: old

text: is

text: not

text: necessarily

text: stale

text: as

text: a

text: matter

text: of

text: law

text: especially

text: where

text: child

text: pornography

text: is

text: concerned

text: United

text: States

text: v

text: Newsom

text: F

text: d

text: th

text: Cir

text: emphasis

text: added

text: In

text: Newsom

text: the

text: affidavit

text: before

text: the

text: judge

text: did

text: not

text: state

text: that

text: child

text: pornographers

text: tend

text: to

text: hold

text: on

text: to

text: their

text: stashes

text: rather

text: it

text: was

text: clear

text: from

text: the

text: context

text: that

text: law

text: enforcement

text: officials

text: believed

text: that

text: the

text: defendant

text: still

text: possessed

text: such

text: materials

text: Id

text: Here

text: Agent

text: Wolflick

text: specifically

text: averred

text: that

text: individuals

text: who

text: view

text: child

text: pornography

text: typically

text: maintain

text: their

text: collections

text: for

text: many

text: years

text: and

text: keep

text: and

text: collect

text: items

text: containing

text: child

text: pornography

text: over

text: long

text: periods

text: of

text: time

text: Again

text: despite

text: Watzman

text: s

text: insistence

text: to

text: the

text: contrary

text: the

text: district

text: court

text: was

text: entitled

text: to

text: rely

text: on

text: the

text: experience

text: of

text: an

text: expert

text: in

text: the

text: field

text: of

text: enforcing

text: child

text: pornography

text: laws

text: when

text: evaluating

text: the

text: sufficiency

text: of

text: the

text: affidavit

text: See

text: United

text: States

text: v

text: Gourde

text: F

text: d

text: th

text: Cir

text: en

text: banc

text: four

text: month

text: lapse

text: immaterial

text: where

text: affidavit

text: explained

text: that

text: consumers

text: of

text: child

text: pornography

text: become

text: pack

text: rats

text: due

text: to

text: the

text: difficulty

text: of

text: obtaining

text: materials

text: United

text: States

text: v

text: Chrobak

text: F

text: d

text: th

text: Cir

text: rejecting

text: argument

text: that

text: information

text: about

text: images

text: transmitted

text: ninety

text: one

text: days

text: before

text: search

text: was

text: stale

text: on

text: basis

text: of

text: affiant

text: s

text: statement

text: that

text: child

text: pornographers

text: generally

text: retain

text: their

text: pornography

text: for

text: extended

text: periods

text: In

text: this

text: case

text: where

text: only

text: three

text: months

text: passed

text: and

text: Agent

text: Wolflick

text: attested

text: that

text: those

text: who

text: possess

text: child

text: pornography

text: save

text: their

text: materials

text: Watzman

text: s

text: argument

text: that

text: the

text: information

text: in

text: the

text: affidavit

text: was

text: stale

text: is

text: meritless

text: Watzman

text: also

text: challenges

text: the

text: district

text: court

text: s

text: rejection

text: of

text: his

text: argument

text: that

text: the

text: statute

text: criminalizing

text: the

text: receipt

text: of

text: child

text: pornography

text: is

text: unconstitutionally

text: vague

text: because

text: it

text: does

text: not

text: define

text: receipt

text: or

text: distinguish

text: it

text: from

text: the

text: offense

text: of

text: mere

text: possession

text: Watzman

text: contends

text: that

text: without

text: any

text: evidence

text: of

text: trafficking

text: and

text: distributing

text: receipt

text: cannot

text: be

text: distinguished

text: from

text: possession

text: and

text: therefore

text: the

text: statute

text: enables

text: arbitrary

text: and

text: discriminatory

text: prosecution

text: A

text: criminal

text: statute

text: is

text: unconstitutionally

text: vague

text: if

text: it

text: does

text: not

text: define

text: the

text: criminal

text: offense

text: with

text: enough

text: specificity

text: to

text: provide

text: people

text: of

text: ordinary

text: intelligence

text: with

text: notice

text: of

text: what

text: is

text: prohibited

text: or

text: if

text: it

text: fails

text: to

text: provide

text: explicit

text: standards

text: to

text: prevent

text: arbitrary

text: and

text: discriminatory

text: enforcement

text: See

text: Kolender

text: v

text: Lawson

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: United

text: States

text: v

text: Lim

text: F

text: d

text: th

text: Cir

text: The

text: statute

text: in

text: question

text: makes

text: it

text: a

text: crime

text: for

text: a

text: person

text: to

text: knowingly

text: receive

text: or

text: distribute

text: child

text: pornography

text: that

text: has

text: been

text: mailed

text: or

text: shipped

text: or

text: transported

text: in

text: interstate

text: or

text: foreign

text: commerce

text: by

text: any

text: means

text: including

text: by

text: computer

text: U

text: S

text: C

text: A

text: a

text: In

text: contrast

text: the

text: subsection

text: of

text: A

text: concerning

text: simple

text: possession

text: targets

text: any

text: individual

text: who

text: knowingly

text: possesses

text: any

text: book

text: magazine

text: periodical

text: film

text: videotape

text: computer

text: disk

text: or

text: any

text: other

text: material

text: that

text: contains

text: an

text: image

text: of

text: child

text: pornography

text: that

text: has

text: been

text: mailed

text: or

text: shipped

text: or

text: transported

text: in

text: interstate

text: or

text: foreign

text: commerce

text: by

text: any

text: means

text: including

text: by

text: computer

text: A

text: a

text: B

text: Watzman

text: has

text: not

text: established

text: that

text: A

text: a

text: fails

text: either

text: the

text: notice

text: or

text: the

text: arbitrary

text: enforcement

text: tests

text: for

text: unconstitutional

text: vagueness

text: We

text: have

text: previously

text: rejected

text: the

text: argument

text: that

text: the

text: distinction

text: between

text: receipt

text: and

text: possession

text: of

text: child

text: pornography

text: is

text: meaningless

text: because

text: anyone

text: in

text: possession

text: of

text: child

text: pornography

text: must

text: have

text: received

text: it

text: at

text: some

text: time

text: United

text: States

text: v

text: Myers

text: F

text: d

text: th

text: Cir

text: We

text: noted

text: in

text: Myers

text: that

text: to

text: be

text: convicted

text: of

text: receiving

text: the

text: defendant

text: must

text: have

text: known

text: the

text: material

text: he

text: was

text: receiving

text: depicted

text: minors

text: engaged

text: in

text: sexually

text: explicit

text: conduct

text: See

text: id

text: at

text: citing

text: United

text: States

text: v

text: X

text: Citement

text: Video

text: Inc

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Accordingly

text: a

text: person

text: who

text: receives

text: child

text: pornography

text: by

text: accident

text: for

text: example

text: if

text: he

text: sought

text: adult

text: pornography

text: but

text: was

text: sent

text: child

text: pornography

text: instead

text: is

text: not

text: guilty

text: of

text: knowingly

text: receiving

text: it

text: though

text: he

text: is

text: guilty

text: of

text: possessing

text: it

text: if

text: he

text: retains

text: it

text: Myers

text: F

text: d

text: at

text: see

text: United

text: States

text: v

text: Malik

text: F

text: d

text: th

text: Cir

text: positing

text: that

text: a

text: person

text: who

text: created

text: an

text: image

text: or

text: found

text: it

text: in

text: trash

text: could

text: possess

text: child

text: pornography

text: without

text: ever

text: receiving

text: it

text: We

text: stated

text: that

text: receiving

text: materials

text: that

text: have

text: been

text: shipped

text: in

text: interstate

text: commerce

text: is

text: conduct

text: more

text: closely

text: linked

text: to

text: the

text: market

text: for

text: child

text: pornography

text: and

text: so

text: possession

text: and

text: receipt

text: are

text: not

text: the

text: same

text: conduct

text: and

text: threaten

text: distinct

text: harms

text: Myers

text: F

text: d

text: at

text: see

text: United

text: States

text: v

text: Barevich

text: F

text: d

text: th

text: Cir

text: explaining

text: that

text: t

text: ransporting

text: and

text: receiving

text: child

text: pornography

text: increases

text: market

text: demand

text: This

text: is

text: so

text: without

text: an

text: element

text: of

text: intent

text: to

text: traffic

text: Although

text: Myers

text: did

text: not

text: address

text: a

text: vagueness

text: challenge

text: the

text: opinion

text: squarely

text: rejected

text: the

text: premise

text: of

text: Watzman

text: s

text: constitutional

text: argument

text: that

text: receipt

text: and

text: possession

text: are

text: substantially

text: the

text: same

text: offense

text: By

text: distinguishing

text: receipt

text: from

text: possession

text: the

text: two

text: subsections

text: of

text: the

text: statute

text: are

text: sufficiently

text: clear

text: about

text: what

text: conduct

text: each

text: prohibits

text: In

text: addition

text: it

text: cannot

text: be

text: said

text: that

text: the

text: receiving

text: child

text: pornography

text: statute

text: relies

text: on

text: the

text: discretion

text: of

text: those

text: who

text: enforce

text: it

text: to

text: define

text: its

text: terms

text: We

text: have

text: recognized

text: that

text: all

text: receivers

text: are

text: possessors

text: but

text: not

text: all

text: possessors

text: are

text: receivers

text: and

text: so

text: the

text: matter

text: of

text: which

text: crime

text: to

text: charge

text: is

text: not

text: simply

text: a

text: product

text: of

text: the

text: prosecutor

text: s

text: whims

text: as

text: Watzman

text: suggests

text: Watzman

text: s

text: conduct

text: violated

text: multiple

text: statutes

text: but

text: this

text: is

text: unremarkable

text: see

text: Malik

text: F

text: d

text: at

text: and

text: has

text: no

text: bearing

text: on

text: whether

text: the

text: statute

text: is

text: unconstitutionally

text: vague

text: Finally

text: Watzman

text: contends

text: that

text: receiving

text: child

text: pornography

text: exclusively

text: for

text: his

text: own

text: private

text: use

text: is

text: not

text: the

text: type

text: of

text: conduct

text: at

text: which

text: the

text: statute

text: is

text: aimed

text: We

text: have

text: previously

text: rejected

text: the

text: argument

text: that

text: there

text: is

text: some

text: sort

text: of

text: personal

text: use

text: exception

text: to

text: this

text: statute

text: See

text: United

text: States

text: v

text: Ellison

text: F

text: d

text: th

text: Cir

text: E

text: ven

text: the

text: receipt

text: of

text: the

text: prohibited

text: materials

text: for

text: personal

text: use

text: without

text: more

text: keeps

text: producers

text: and

text: distributors

text: of

text: this

text: filth

text: in

text: business

text: AFFIRMED