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United States v. Majeroni

United States Court of Appeals, First Circuit

April 27, 2015

UNITED STATES OF AMERICA, Appellee,
v.
TIMOTHY MAJERONI, Defendant, Appellant

Page 73

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE. Hon. George Z. Singal, U.S. District Judge.

James S. Hewes for appellant.

Margaret D. McGaughey, Assistant United States Attorney, with whom Thomas E. Delahanty II, United States Attorney, was on brief, for appellee.

Before Lynch, Chief Judge, Thompson and Kayatta, Circuit Judges.

OPINION

Page 74

KAYATTA, Circuit Judge.

Convicted and sentenced for possessing child pornography and violating supervised release, Timothy Majeroni advances five arguments on appeal: (1) the district court abused its discretion under Federal Rule of Evidence 403 in admitting his prior child pornography conviction; (2) the district court similarly erred in admitting evidence of his supervised release; (3) the district court erred in denying his motion to suppress evidence from the search of his apartment; (4) the evidence was insufficient to convict him of the charged offense; and (5) the district court abused its discretion in sentencing him to a mid-range prison term. Finding that none of his arguments comes close to the mark, we affirm his conviction and sentence.

I. Background

In 2001, Majeroni was convicted of possessing child pornography, resulting in a prison term followed by a period of supervised release. Majeroni twice violated the conditions of that supervised release, in 2004 and 2007. In 2008, he was convicted of failing to register under the Sex Offender Registration and Notification Act (" SORNA" ), 18 U.S.C. § 2250(a), resulting in yet another prison term followed by another period of supervised release, the terms of which he also violated. In January 2012, the district court sentenced him for this third supervised release violation, imposing a term of imprisonment followed by another period of supervised release that began in August of 2012.

The special conditions for that most recent period of supervised release substantially restricted Majeroni's freedom. He was confined to his home and monitored by a GPS at all times. His supervising probation officer had authority to visit his home without warning or cause. He was not to access the internet or possess a computer without prior approval from his probation officer. Additionally, probation officers could search and seize any computer equipment.

This new term of supervised release, like his prior terms of supervised release, was short-lived. On November 26, 2012, two probation officers, Kristin Cook and Laura Tait, [1] visited Majeroni's home. Upon arriving, they knocked on his front door, but got no answer. After three or four minutes, Majeroni came to the door. Alone in his apartment, he explained his delay by claiming that he had been lying down. He then invited them in. Upon entering, Cook noticed that the spare bedroom, previously unfurnished, now had a desk, a chair, and an air mattress. Cook also noticed a burning cigarette and a cup of coffee on the desk. She asked Majeroni why those items were there if he had just been lying down. Majeroni offered no explanation.

Cook then observed a laptop power cord, plugged into the wall and coming out from behind the desk. She asked Majeroni whether he had a laptop. He denied having one, and claimed that the power cord was for his television's remote control. Cook was not convinced. Suspecting he had a laptop computer, she asked whether he minded if she searched his apartment, to which he replied, " No, I don't mind."

Cook then entered the spare bedroom. Lying immediately adjacent to the desk was an opened backpack, covered with ...


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