U.S. v. Grisanti

In prosecution on child pornography and destruction of evidence charges, Dist. Ct. did not err in denying defendant’s motion to suppress evidence seized from his computer, where defendant asserted that “Network Investigative Technique” (NIT) warrant that was used to identify users of child pornography website and was issued by Magistrate Judge was improper, since Magistrate Judge essentially authorized search of property outside her district in violation of Federal Magistrate Act. While Dist. Ct. agreed that instant warrant was invalid, Dist. Ct. could properly deny motion to suppress, since, under Kienast, 907 F.3d 522, FBI agents had relied in good faith on warrant to search defendant’s computer. Moreover, penalizing officer for Magistrate Judge’s error in issuing warrant could not “logically contribute” to deterrence of Fourth Amendment violations, especilly where warrant permitted FBI agents to obtain information from any computer used to log into child pornography website. Also, Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration, and Dist. Ct. could properly reject defendant argument that he was less likely to commit future crimes due, in part, to fact that he is white.