Argued: October 24, 2019.
from the United States District Court for the Southern
District of Ohio at Columbus. No. 2:16-cr-00243-1-Algenon L.
Marbley, District Judge.
Endresen, Tyler J. Owen, UNIVERSITY OF MICHIGAN LAW SCHOOL,
Ann Arbor, Michigan, for Appellant.
Koller, UNITED STATES ATTORNEY'S OFFICE, Cincinnati,
Ohio, for Appellee.
Endresen, Tyler J. Owen, Melissa M. Salinas, UNIVERSITY OF
MICHIGAN LAW SCHOOL, Ann Arbor, Michigan, for Appellant.
Mitchell Hendy, UNITED STATES ATTORNEY'S OFFICE,
Cincinnati, Ohio, for Appellee.
Before: SUTTON, COOK, and THAPAR, Circuit Judges.
SUTTON, Circuit Judge.
executed a search warrant at Shawn Parrish's house after
detecting that an IP address associated with his home had
downloaded child pornography. The search turned up nude
videos of Parrish's twelve-year-old daughter on his cell
phone. A jury convicted him of receiving and possessing child
pornography, and a prior related conviction triggered a
sentence enhancement. Parrish appeals his conviction, arguing
that the search of his cell phone violated the Fourth
Amendment and that the child pornography statute is void for
vagueness. He also appeals his sentence, arguing his prior
conviction exceeded the mandatory minimum's scope. The
district court rejected each argument. We affirm.
August 2016, officers executed a search warrant at 87
Daugherty Circle in Newark, Ohio. Days earlier, investigators
with Franklin County's Internet Crimes Against Children
Taskforce had detected child pornography being downloaded via
peer-to-peer file-sharing software. They traced the downloads
to an IP address belonging to Brenda Meckley, who lived at 87
Daugherty Circle. Ms. Meckley lived there with two other
people, Jerimiah Wigle and Shawn Parrish. The taskforce
thought Parrish might be responsible for the downloads due to
his prior North Carolina conviction for "indecent
liberties with children." N.C. Gen. Stat. §
Agent Nate Simon, a member of the task force, prepared a
warrant application, which included a detailed affidavit and
two attachments. The affidavit explained what the officer
knew about the downloads and about the storage of child
pornography. Attachment A listed evidence the task force
hoped to find, such as "visual depictions of minor(s)
engaged in sexually explicit conduct, child pornography or
child erotica." R.122 at 23. Attachment B detailed the
places to be searched, including "[t]he residence . . .
[and] all its appurtenances, parking areas, outdoor working
areas, and detached buildings, and any computers or digital
media located therein." Id. at 24.
the taskforce executed the warrant, Parrish and two other
residents came to the front door and let the officers enter
the house after learning that they had a warrant. Eleven or
twelve officers conducted the search. Before long, two
officers-Special Agent Simon and Investigator Amanda
Saxton-asked if Parrish would speak to them in their mobile
forensic lab. Parrish agreed, ...