DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
064137P.pdf 07/16/2007 USA v. Mark Boston
U.S. Court of Appeals Case No: 06-4137
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Beam and Shepherd, Circuit Judges]
Criminal case - Criminal law and Sentencing. District court's findings
crediting police officer's testimony that he observed defendant
masturbating in public were virtually unreviewable, and the officer's
observations, plus defendant's statements that he had a knife and
"naughty pictures of children in his backpack," provided probable cause
for search and seizure of defendant's backpack; warrant for defendant's
home was supported by probable cause to believe officers would find
further evidence of the offenses; child victim's pretrial identification
of defendant was admissible as the photo lineup was not unduly suggestive;
no error in imposing an enhancement under Guidelines Sec.
2G2.1(b)(2)(A) for sexual contact with a minor; special conditions in
defendant's supervised release prohibiting possession of pornography and
restricting access to computers were reasonably related to the offense and
were necessary for the protection of the public