US v. Rosa, No. 09-0636 - U.S. Second Circuit
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US v. Rosa, No. 09-0636

Child Pornography Conviction Affirmed

In US v. Rosa, No. 09-0636, the court affirmed defendant's convictions for producing child pornography and of witness tampering, holding that, while the court agreed with defendant that a search warrant failed for lack of particularity and, in light of Groh v. Ramirez, 540 U.S. 551 (2004), could not be cured by reference to unincorporated, unattached supporting documents, the district court correctly refused to exclude the resulting evidence.

As the court wrote:  "Defendant-Appellant Efrain J. Rosa appeals from the February 12, 2009 judgment of the United States District Court for the Northern District of New York (Norman A. Mordue, Chief Judge) convicting him, upon a conditional guilty plea, of three counts of producing child pornography and one count of witness tampering. Prior to his guilty plea, Rosa moved to suppress physical evidence seized from his home on the basis that it was taken pursuant to an overbroad search warrant that failed to state how electronic items to be seized were connected to any suspected criminal activity or, more specifically, child pornography."

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