United States v. Mark Woerner
2013 U.S. App. LEXIS 3742
| 5th Cir. | 2013Background
- Woerner was convicted by jury of two possession and three distribution counts related to child pornography across Gigatribe and Fantastikaktion accounts.
- Investigations spanned state and federal efforts; Gigatribe IP traced to Woerner’s Ash Street, Texas residence.
- State search warrant executed July 12, 2010 (expired three days after July 6) leading to Woerner’s arrest; FBI conducted parallel search July 13 and later July 30.
- Interviews yielded admissions and information about further items (e.g., J.L., flash drives); third federal search warrant sought emails and related records.
- Emails from fantastikaktion account showed extensive possession/distribution of child pornography; indictment added a fifth count for email distribution.
- Woerner moved to suppress the state-warrant fruits, custodial statements, and later fruits; district court partially suppressed, later denied suppression on good-faith grounds; appellate review affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emails from fantastikaktion should be suppressed | Woerner contends evidence tainted by unlawful July 12 search. | Government argues good-faith reliance on warrant despite tainted predicate. | Good-faith exception applies; suppression not warranted. |
| Sufficiency of evidence for possession | No witness testified Woerner at computer when images downloaded. | Constructive possession shown by control over places/accounts and extensive evidence. | Sufficient evidence; rational jury could find knowing possession. |
| Sufficiency of evidence for distribution | No witness placed Woerner at computer; contested distribution. | Evidence links to emails and Gigatribe account; distribution inferred. | Sufficient evidence; jury could infer distribution. |
| Multiplicity of Counts One–Five | Counts One–Two not multiplicitous; Counts Three–Five not multiplicitous; separate transactions/materials supported by Planck and related precedent. |
Key Cases Cited
- United States v. Payne, 341 F.3d 393 (5th Cir. 2003) (good-faith exception framework for suppression)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (basis of good-faith exception to exclusionary rule)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause and reliance in warrant applications)
- United States v. Chiaradio, 684 F.3d 265 (1st Cir. 2012) (possession not lesser-included offense of distribution; planning of offenses)
- United States v. Planck, 493 F.3d 501 (5th Cir. 2007) (unit of prosecution for possession of child pornography; multiple materials/transactions)
- United States v. Reedy, 304 F.3d 358 (5th Cir. 2002) (framework for determining the unit of prosecution)
- United States v. Spurlin, 664 F.3d 954 (5th Cir. 2011) (plain-error review for multiplicity challenges)