United States v. McCranie ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60346
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PHILLIP McCRANIE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:98-CR-84-B-D
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April 3, 2000
Before JONES, DUHÉ, and STEWART, Circuit Judges.
PER CURIAM:1
Phillip McCranie pleaded guilty to receiving visual depictions
of minors engaged in sexually explicit conduct that had been
transported in interstate commerce by computer. McCranie appeals
the district court’s denial of his motion to suppress. He argues
that the affidavit in support of the search warrant executed on his
residence included deliberately false or recklessly misleading
statements made in an attempt to induce the magistrate judge to
issue a warrant on facts which did not give rise to probable cause.
1
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Even if it is assumed that the statements to which McCranie
objects were recklessly made material misstatements, a common-sense
reading of the remaining portion of the affidavit was sufficient to
establish probable cause to believe that McCranie’s residence (more
specifically, his computer) contained evidence of child
pornography. See United States v. Alvarez, 127 F.3d 372m 373 (5th
Cir. 1997); United States v. Polk, 118 F.3d 286, 296 (5th Cir.
1997); United States v. Brown, 941 F.2d 1300, 1302 (5th Cir. 1991).
Accordingly, the district court’s denial of the motion to suppress
is AFFIRMED.