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161525P.pdf   12/01/2016  United States  v.  Damien Morgan
   U.S. Court of Appeals Case No:  16-1525
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges] Criminal case - Criminal law and sentencing. 75-day delay in issuance of search warrant did not render the information stale in this computer-based child-pornography case as collectors of these materials tend to retain the images for long periods of time; defendant had no reasonable expectation of privacy in his cell-phone screen after he made it visible by publicly displaying it the presence of a detective; defendant agreed to lift his sleeve to permit a photo of a distinguishing tattoo, and the motion to suppress the photo was properly denied; no error in imposing a four-level enhancement under Guidelines Sec. 2G2.1(b)(4) for possession of materials displaying sadistic content as any image depicting the penetration of a minor's vagina is per se sadistic under this court's cases; district court correctly ruled that attempted production of child pornography is a crime under Chapter 110 of Title 18 and it did not err in imposing a five-level enhancement under Guidelines Sec. 4B1.5(b).