US v. Koch, No. 10-1789

By FindLaw Staff on November 17, 2010 | Last updated on March 21, 2019

Child Pornography Conviction Affirmed

In US v. Koch, No. 10-1789, the court affirmed defendant's conviction and sentence for possession of child pornography, holding that 1) the agents who performed the search at issue had an objective, good faith belief under United States v. Leon that their search was legal; 2) the evidence presented at trial was sufficient to support the finding that defendant knowingly possessed the images of child pornography; and 3) the district court did not err by applying the enhancement based on the evidence that there were well over 100 separate images on defendant's computer and flash drive.

As the court wrote:  "Following a trial to the court, Jonathan1 Koch was convicted of one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). The district court sentenced Koch to 78 months imprisonment and five years of supervised release. Koch appeals, arguing that the district court erred in denying his motion to suppress evidence, that the evidence was insufficient to support his conviction, that the court erred in evidentiary rulings, and that his sentence is substantively unreasonable with unduly restrictive conditions of supervised release. We affirm."

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