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.
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).