State of Tennessee v. Jared Scott Aguilar
437 S.W.3d 889
Tenn. Crim. App.2013Background
- Aguilar was convicted by jury in Montgomery County Circuit Court of 6 counts of sexual exploitation of a minor based on child-pornography images/videos found on his computer.
- Investigator Cereceres used file-sharing software, IP geolocation, and subpoenas to identify Aguilar’s residence and obtain a search warrant.
- Forensic examiner Levasseur examined Aguilar’s laptop, found over 160 images and six videos of child pornography, including many in unallocated/deleted space but linked to downloads by Aguilar.
- Aguilar admitted using FrostWire; the state presented extensive logs, search terms, and file histories linking him to downloading child pornography.
- The indictment described counts for numerous images, with the jury rendering a special verdict mapping counts to specific image/video sets; Aguilar challenged suppression, sufficiency, multiplicity, and sentencing.
- The trial court denied suppression, the evidence was deemed sufficient for all counts, the counts were not multiplicitous, and a 10-year effective sentence was imposed with concurrent terms; on appeal, the State prevailed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of search warrant evidence | Warrant valid; affidavit supported probable cause; waiver of statute issue. | Warrant procedurally defective; no valid application under §39-17-1007; insufficient probable cause in affidavit. | Suppression denied; affidavit supported probable cause; waiver noted. |
| Sufficiency of counts 1 and 2 | 167 images and six videos; explicit file names show child pornography; unallocated space evidence corroborates possession. | Some images may be duplicates or computer-generated; insufficient to prove possession of actual minor images. | Sufficient evidence to support counts 1 and 2. |
| Multiplicity of counts | Statute allows counting each image or grouping under §39-17-1003; not multiplicitous. | Counts improperly aggregated to enhance punishment. | Not multiplicitous; statutory framework permits aggregation. |
| Sentencing enhancement and abuse of discretion | Enhancement factors properly applied given number of victims, vulnerability, and defendant’s predilection; within range. | Court misapplied enhancement factors or imposed excessive sentence. | 10-year effective sentence affirmed; enhancement properly applied. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable-cause standard for search warrants)
- United States v. Ganoe, 538 F.3d 1117 (9th Cir. 2008) (no reasonable expectation of privacy in shared file system)
- United States v. Stults, 575 F.3d 834 (8th Cir. 2009) (no Fourth Amendment privacy for files shared via LimeWire)
- United States v. Sampson, 606 F.3d 505 (8th Cir. 2010) (duplicate images counted for enhancements; viral nature of digital child pornography)
- United States v. Price, 711 F.3d 455 (4th Cir. 2013) (no uniqueness requirement for counting child-pornography images)
- State v. Pickett, 211 S.W.3d 696 (Tenn. 2007) (multiplicity and aggregation under §39-17-1003specific to Tennessee)