US v. Nichols, No. 09-1165
Conviction for producing visual depictions of child pornography is affirmed where: 1) the district court did not err in denying defendant's motion to suppress evidence seized during the search of his home as the co-occupant of the house who had unlimited and joint access to the computer and related equipment where child pornography was found had common authority to consent to a search, and even if she lacked such authority the police acted reasonably in believing she had the authority to consent; 2) the court did not err in denying his motion to dismiss the indictment as the court had jurisdiction over the matter since all of the photographic and computer equipment used in the offense was manufactured outside of the state.
Appeal from the United States District Court for the Western District of Arkansas.
Submitted: June 8, 2009
Filed: July 29, 2009
Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
Opinion by MELLOY, Circuit Judge.