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U.S. v. Runyan

Under the "independent source" exception to the exclusionary rule, for a lawful search pursuant to a warrant to be deemed "genuinely independent" of a prior illegal search the government must show that the police would still have sought a warrant in the absence of the illegal search, and that the warrant would still have been issued if the supporting affidavit had not contained information stemming from the illegal search.

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Appeals from the United States District Court for the Northern District of Texas

Defendant-Appellant Robert Beam Runyan was convicted of sexual exploitation of a child in violation of 18 U.S.C. � 2251 and of distribution, receipt, and possession of child pornography in violation of 18 U.S.C. � 2252A. In two separate actions, Runyan appeals his conviction (No. 00-10821) and the district court’s denial of his post-trial motion for a new trial (No. 01-11207). On September 24, 2001, we consolidated these two cases for the purposes of appeal. On December 10, 2001, this court issued a non-dispositive opinion: (1) holding that aspects of the Government’s investigation violated the Fourth Amendment; and (2) remanding the case to the district court for further factfinding that would enable this court to assess the applicability of exceptions to the exclusionary rule. On January 10, 2002, the district court issued an order providing the requisite findings of fact. We now conclude our analysis of Runyan’s Fourth Amendment claims and address Runyan’s remaining claims, from both his appeal of his conviction and his appeal of the district court’s denial of his motion for new trial. For the following reasons, we AFFIRM Runyan’s convictions for receipt and possession of child pornography and for sexual exploitation of a child, but REVERSE his conviction for distribution of child pornography. We also VACATE Runyan’s sentence and REMAND to the district court for entry of judgment and resentencing consistent with this opinion.

I. Factual and Procedural Background

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