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United States of America v. Joshua Burgard

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ARGUED SEPTEMBER 14, 2011

Before WOOD, TINDER, and HAMILTON, Circuit Judges.

Expecting to find evidence of child pornography, police officers seized Joshua Burgard’s cell phone without a warrant. At that point, however, they seemed to have lost their sense of urgency: they did nothing with the phone right away and allowed six days to elapse before they applied for a search war- rant. Once they had the warrant in hand, they searched the phone and, as anticipated, they found sexually ex- plicit images of underage girls. Burgard pleaded guilty to two counts of receiving child pornography in violation of 18 U.S.C. § 2252(a)(2), and was sentenced to 210 months’ imprisonment and 15 years of supervised release.

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