United States v. Patten
2011 U.S. App. LEXIS 25873
| 8th Cir. | 2011Background
- Patten married H.P. who had a child, T.A., from a prior relation; T.A. reported on July 12, 2010 that Patten sexually abused her and took nude/explicit photos since she was about 12; evidence included a black digital camera and memory disks hidden in the basement; abuse escalated to sexual acts and threats; Oltman obtained a warrant based on TA's statements but did not name TA in the application; officers seized the camera, memory cards, and later forensic items yielding over 3,000 images including more than 1,000 child-pornography files; Patten pleaded guilty to counts including sexual exploitation of a minor and possession of child pornography, reserving appeal of suppression denial; sentencing followed with 480 months total after upward departures/variance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression denial was correct. | Patten argues warrant lacks probable cause due to unreliable/uncorroborated source. | State argues good-faith reliance on warrant was reasonable given credibility checks. | Affirmed: good-faith exception applied; suppression denied. |
| Whether the 480-month sentence is valid after the plea and appeal waiver. | Patten invokes Eighth Amendment disproportionality and argues illegal sentence but waived appeal. | Waiver covers reasonableness challenge, but Eighth Amendment review still possible. | Affirmed: sentence within statutory range; appeal waiver enforced; no disproportionality. |
Key Cases Cited
- U.S. v. Cisneros-Gutierrez, 598 F.3d 997 (8th Cir.2010) (review of suppression facts and Leon good-faith exception)
- U.S. v. Clay, 646 F.3d 1124 (8th Cir.2011) (good-faith exception factors; consult with attorney; credibility of CI; reliability of information)
- U.S. v. Warford, 439 F.3d 836 (8th Cir.2006) (probable cause analysis for warrant validity)
- U.S. v. Perry, 531 F.3d 662 (8th Cir.2008) (prosecutor’s determination supports probable cause)
- U.S. v. El-Alamin, 574 F.3d 915 (8th Cir.2009) (Leon good-faith standard applied)
- U.S. v. Fiorito, 640 F.3d 338 (8th Cir.2011) (limitations on good-faith exception when lacking probable cause)
- U.S. v. Neadeau, 639 F.3d 453 (8th Cir.2011) (Eighth Amendment review of sentence within statutory range)
- U.S. v. Collins, 340 F.3d 672 (8th Cir.2003) (threshold disproportionality inquiry under Eighth Amendment)
- U.S. v. Kattaria, 553 F.3d 1171 (8th Cir.2009) (reliability of firsthand observation supporting credibility)