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.
201333P.pdf 04/06/2021 United States v. Otis Mays, Jr.
U.S. Court of Appeals Case No: 20-1333
U.S. District Court for the District of Minnesota
[PUBLISHED] [Gruender, Author, with Erickson and Kobes, Circuit Judges]
Criminal case - Criminal law and Sentencing. Probable cause combined with
exigent circumstances justified the warrantless search of defendant's
computer; officers had probable cause to believe the laptop contained
evidence of defendant's wire fraud crimes and they were told defendant was
taking active measures to recover the laptop from his uncle; fifteen-day
delay between seizure of the laptop and application for a search warrant
for the computer was not unreasonable under the Fourth Amendment; even
under de novo review, the district court provided an adequate explanation
of defendant's within-guidelines-range sentence; the district court did
not rely on clearly-erroneous facts in setting the sentence; the
imposition of certain special conditions concerning computer use, contact
with persons under the age of 18 and participation in sex-offender
treatment are vacated and remanded so that the district court may conduct
the requisite "individualized inquiry" and make sufficient findings on the
record if it decides to reimpose them; a special condition concerning
possession of use of sexually oriented materials is also remanded to
permit the district court to amend its written judgment to conform to its
oral pronouncement at sentencing.