United States v. Thomas Johnson

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2646 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Thomas Johnson

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Western Division ____________

Submitted: April 18, 2019 Filed: May 17, 2019 [Unpublished] ____________

Before SHEPHERD, MELLOY, and GRASZ, Circuit Judges. ____________

PER CURIAM.

After his conditional guilty plea and sentencing on one count of production of child pornography in violation of 18 U.S.C. § 2251(a) and (e), Thomas Johnson appeals the district court’s1 denial of his motion to suppress evidence. Johnson sought to suppress evidence gained through a warrant issued in the United States District Court for the Eastern District of Virginia. We have previously held the same warrant was void ab initio because it violated the Fourth Amendment. See United States v. Horton, 863 F.3d 1041, 1049 (8th Cir. 2017), cert. denied, 138 S. Ct. 1440 (2018). However, we also held the Leon good faith exception applied to Federal Bureau of Investigation agents’ use of the warrant. See id. at 1052. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

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