United States v. Frank Russell McCoy
2017 U.S. App. LEXIS 1695
| 8th Cir. | 2017Background
- McCoy, previously convicted for transporting obscene material, proposed release conditions allowing random inspections of his internet and email usage.
- Probation officers inspecting his home observed extensive computer equipment (multiple hard drives, RAID array, custom-built computers); McCoy acknowledged ownership and said he used software to remove pornography.
- Officers seized several computers and USB drives with court permission to seize items in plain sight or voluntarily provided; forensic analysis found 88 child pornography videos and related conversion software, some files transferred to an RCA media player.
- McCoy was indicted for possession of child pornography; he moved to suppress the seized evidence as beyond his release conditions and without a warrant; the district court denied suppression and a judgment of acquittal, and a jury convicted him.
- At sentencing the court applied the 10-year mandatory minimum under 18 U.S.C. § 2252(b)(2) based on his prior Chapter 71 conviction and denied a downward departure for his prostate cancer; McCoy appealed.
Issues
| Issue | McCoy's Argument | Government's Argument | Held |
|---|---|---|---|
| Warrantless search/seizure under Fourth Amendment | Search exceeded release condition (random inspection of internet/email) and lacked warrant/consent | McCoy’s own proposed conditions authorized inspections; broader forensic review was necessary to assess internet artifacts | Denied suppression; search reasonable given conditions and reasonable suspicion |
| Sufficiency of evidence of knowing possession | Evidence insufficient to show knowledge of illegal files | Forensics found files on McCoy’s devices, transfer to RCA player, and McCoy’s statements about deleting files show knowledge | Conviction affirmed; evidence sufficient |
| Application of recidivist mandatory minimum (18 U.S.C. §2252(b)(2)) | Enhancement unconstitutional as applied because prior Chapter 71 conviction protected by First Amendment | Prior Chapter 71 conviction for transporting obscene matters is an enumerated offense and not protected; triggers enhancement | Enhancement proper; mandatory minimum applied |
| Denial of downward departure for serious medical condition | Prostate cancer warranted downward departure under §5H1.4 (extraordinary physical impairment) | District court considered medical condition and declined downward departure but sentenced at bottom of guideline range | Denial affirmed; district court acted within discretion |
Key Cases Cited
- Anderson v. United States, 688 F.3d 339 (8th Cir. 2012) (standard of review for suppression factual findings)
- Vanover v. United States, 630 F.3d 1108 (8th Cir. 2011) (affirmance standard for suppression rulings)
- Samson v. California, 547 U.S. 843 (2006) (warrantless, suspicionless searches of parolees permissible under conditions)
- Knights v. United States, 534 U.S. 112 (2001) (reasonable-suspicion standard for searches of probationers)
- Griffin v. Wisconsin, 483 U.S. 868 (1987) (probation search standards and factors for reasonable suspicion)
- Moran v. United States, 612 F.3d 684 (8th Cir. 2010) (standard for reviewing sufficiency of evidence)
- Hill v. United States, 750 F.3d 982 (8th Cir. 2014) (deletion attempts can support knowledge of child pornography files)
- Breton v. United States, 740 F.3d 1 (1st Cir. 2014) (knowledge inference from attempts to delete illegal files)
- Lockwood v. United States, 446 F.3d 825 (8th Cir. 2006) (de novo review for use of prior convictions in sentencing enhancements)
- Coughlin v. United States, 500 F.3d 813 (8th Cir. 2007) (standard for downward departure for extraordinary physical impairment)
- Varner v. United States, 678 F.3d 653 (8th Cir. 2012) (review limits on district court refusal to grant downward departures)
- Miller v. California, 413 U.S. 15 (1973) (definition and limits of obscene material not protected by First Amendment)