161853P.pdf   01/31/2017  United States  v.  Frank Russell McCoy
   U.S. Court of Appeals Case No:  16-1853
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Benton, Author, with Shepherd, Circuit Judge, and Ebinger, 
   District Judge] 
   Criminal case - Criminal law and sentencing. The conditions of defendant's 
   supervised release authorized the search of his computers which led to the 
   seizure of child pornography; the search was within the scope of the 
   conditions of release and the search and seizure were reasonable; evidence 
   was sufficient to support defendant's conviction for possession of child 
   pornography; defendant's conviction for transporting obscene materials in 
   violation of 18 U.S.C. Sec. 1462 triggered an enhanced penalty in this 
   case as the materials involved in the earlier conviction related to sexual 
   assault and child pornography; while defendant suffered from prostate 
   cancer, such a condition did not qualify for a downward departure under 
   Guidelines Sec. 5H1.4 as the court found it unlikely that defendant would 
   require special care the BOP could not provide or that his physical 
   condition would impair his ability to function; as a result, the district 
   court did not abuse its discretion by denying the departure based on 
   health as it did not have an unconstitutional motive and knew of its 
   authority to grant a departure.