Based on evidence seized from defendant's home during execution of a search warrant issued in the investigation of threatening and sexually explicit emails concerning minor boys sent by the defendant, conviction for possession of an unregistered machine gun and an unregistered silencer is affirmed where: 1) the search for and seizure of the child pornography fell within the scope of the warrant, or in the alternative, its seizure was justified under the plain-view exception to the warrant requirement; 2) the seizure of the machine gun and the silencer was justified by the plain-view exception.
Argued: September 22, 2009
Decided: January 21, 2010
Opinion by Senior District Judge Niemeyer
For Appellant: Todd M. Richman, Office of the Federal Public Defender
For Appellee: Andrew McCormack, Office of the US Attorney