United States v. Castro ( 2017 )


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  • 15-4113
    United States v. Castro
    UNITED STATES COURT OF APPEALS
    FOR THE SECOND CIRCUIT
    SUMMARY ORDER
    RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED
    ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE
    PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A
    DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN
    ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST
    SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
    At a stated term of the United States Court of Appeals
    for the Second Circuit, held at the Thurgood Marshall United
    States Courthouse, 40 Foley Square, in the City of New York,
    on the 17th day of January, two thousand seventeen.
    PRESENT: DENNIS JACOBS,
    ROBERT D. SACK,
    SUSAN L. CARNEY,
    Circuit Judges,
    - - - - - - - - - - - - - - - - - - - -X
    UNITED STATES OF AMERICA,
    Appellee,
    -v.-                                               15-4113
    JOSE CASTRO,
    Defendant-Appellant.
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    FOR APPELLANT:                        MATTHEW B. LARSEN, Federal
    Defenders of New York, New York,
    NY.
    FOR APPELLEE:                         NOAH SOLOWIEJCZYK (with Karl
    Metzner on the brief), for Preet
    Bharara, United States Attorney
    1
    for the Southern District of New
    York, New York, NY.
    Appeal from a judgment of the United States District
    Court for the Southern District of New York (Schofield, J.).
    UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED
    AND DECREED that the judgment of the district court be
    AFFIRMED.
    Jose Castro appeals from the judgment of the United
    States District Court for the Southern District of New York
    (Schofield, J.). A jury convicted Castro of transporting,
    receiving, and possessing child pornography. The district
    court sentenced Castro chiefly to six years in prison and
    eight years of supervised release. We assume the parties’
    familiarity with the underlying facts, the procedural
    history, and the issues presented for review.
    Castro challenges the affidavit offered in support of
    the search warrant application. The affidavit averred that
    a computer program used by law enforcement to monitor
    transmission of child pornography had downloaded four files
    of child pornography from a computer located at Castro’s
    home. Castro argues that there was serious reason to doubt
    that the downloads ever took place, and that had the
    doubtful circumstances been disclosed in the affidavit, the
    magistrate judge would not have found probable cause
    sufficient to justify a search warrant.
    Castro argues that these omissions warrant suppression
    of evidence. See Franks v. Delaware, 
    438 U.S. 154
    (1978).
    “To suppress evidence obtained pursuant to an affidavit
    containing erroneous information, the defendant must show
    that: ‘(1) the claimed inaccuracies or omissions are the
    result of the affiant’s deliberate falsehood or reckless
    disregard for the truth; and (2) the alleged falsehoods or
    omissions were necessary to the [issuing] judge’s probable
    cause finding.’” United States v. Canfield, 
    212 F.3d 713
    ,
    717-18 (2d Cir. 2000) (quoting United States v. Salameh, 
    152 F.3d 88
    , 113 (2d Cir. 1998)).
    “[W]hether a person acted with ‘reckless disregard for
    the truth’ is ‘a factual question of intent, and we
    therefore review the court’s decision for clear
    error’ . . . .” United States v. Rajaratnam, 
    719 F.3d 139
    ,
    153 (2d Cir. 2013) (quoting United States v. Trzaska, 111
    
    2 F.3d 1019
    , 1028 (2d Cir. 1997)). The “factfinder may infer
    reckless disregard from circumstances evincing obvious
    reasons to doubt the veracity of the allegations.” 
    Id. at 154
    (quoting United States v. Whitley, 
    249 F.3d 614
    , 621
    (7th Cir. 2001)). Castro contends that such circumstances
    are present here. The affiant testified that her usual
    practice when investigating reports from the computer
    program at issue in this case was to review copies of the
    downloaded files in an automatically created folder. At
    some point after this warrant was issued, the affiant
    attempted to review the expected folder, but was unable to
    locate it. Castro suggests that the affiant’s inability to
    locate the folder after the warrant issued reveals that she
    could not locate the folder before preparing the affidavit,
    which should have given her reason to doubt the accuracy of
    the report. He argues that the factfinder should have
    inferred from these circumstances the affiant’s reckless
    disregard of the truth.
    The district court rejected this argument, concluding
    that the affiant credibly testified that she did not
    remember if she followed her usual practice before preparing
    the affidavit and that Castro had failed to show that this
    omission was reckless or made with the intent to deceive.
    We find no clear error in the district court’s finding that
    the affiant lacked the mental state required for suppression
    of the evidence gathered by virtue of the search warrant.
    For the foregoing reasons, and finding no merit in
    Castro’s other arguments, we hereby AFFIRM the judgment of
    the district court.
    FOR THE COURT:
    CATHERINE O’HAGAN WOLFE, CLERK
    3
    

Document Info

Docket Number: 15-4113

Judges: Jacobs, Sack, Carney

Filed Date: 1/17/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024