DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072397P.pdf 06/23/2008 United States v. David Starr
U.S. Court of Appeals Case No: 07-2397
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Riley,
Circuit Judge]
Criminal case - criminal law and sentencing. Police officer's search of
pornographic materials provided by defendant's wife did not exceed the
scope of her private search, and the officers' examination of the materials
did not violate the Fourth Amendment; officers' search of defendant's
home did not exceed scope of his consent; challenge to jury instructions
rejected; evidence was sufficient to support defendant's convictions on
child pornography and exploitation of minors charges, and the district
court did not err in denying his motion for a judgment of acquittal; no
error in counting 1987 conviction for purposes of determining
defendant's criminal history; evidence showed defendant committed
some of the offenses while on supervised release, and the court did not
err in adding two points to defendant's criminal history under Guidelines
Sec. 4A1.1(d); no error in applying cross reference under Guidelines Sec.
2G2.2(c)(1); no error in applying a four-level masochism enhancement
under Guidelines Sec. 2G2.1(b)(4), a two-level enhancement for
vulnerable victim under Guidelines Sec. 3A1.1(b)(1), and a two-level
enhancement for misrepresentation of identity under Guidelines Sec.
2G2.1(b)(6)(A); 720-month sentence was not unreasonable.