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United States v. Parrish

United States Court of Appeals, Sixth Circuit

November 1, 2019

United States of America, Plaintiff-Appellee,
v.
Shawn P. Parrish, Defendant-Appellant.

          Argued: October 24, 2019.

          Appeal 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.

         COUNSEL

         ARGUED:

          John Endresen, Tyler J. Owen, UNIVERSITY OF MICHIGAN LAW SCHOOL, Ann Arbor, Michigan, for Appellant.

          Kevin Koller, UNITED STATES ATTORNEY'S OFFICE, Cincinnati, Ohio, for Appellee.

         ON BRIEF:

          John Endresen, Tyler J. Owen, Melissa M. Salinas, UNIVERSITY OF MICHIGAN LAW SCHOOL, Ann Arbor, Michigan, for Appellant.

          C. Mitchell Hendy, UNITED STATES ATTORNEY'S OFFICE, Cincinnati, Ohio, for Appellee.

          Before: SUTTON, COOK, and THAPAR, Circuit Judges.

          OPINION

          SUTTON, Circuit Judge.

          Police 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.

         I.

         In 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. § 14-202.1(a)(1).

         Special 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.

         When 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, ...


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