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United States v. Saterstad

United States District Court, D. Nevada

March 22, 2019

United States of America, Plaintiff,
v.
Richard Saterstad, Defendant.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 23

          ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

         Findings of Fact

         1. I find the testimony of Gregory Sawyer, Shannon Tooley, Matthew Trafford, Mari Panovich, and Peter Hanners to be credible.

         2. Richard Saterstad did not testify.

         3. On or about November 27, 2013, Las Vegas Metropolitan Detective (and Internet Crimes Against Children Task Force Officer) Shannon Tooley's computer identified IP address 68.229.36.233 as having numerous files of child pornography available to share. This was detected using law enforcement privileged peer-to-peer software, Ares RoundUp. Detective Tooley's computer downloaded the following file of child sexual exploitation:

a. File Name: young vicky 14 years old enjoys orgasm.mpeg SHA-1: EHXVMEOIJZHK266F4D52MRR5P2K4OFVO Description: This video is approximately 5 seconds in length and depicts a nude female child, approximately 12 to 14 years old, masturbating.

         4. On December 14, 2013, Detective Tooley's computer again connected directly to a computer at IP address 68.229.36.233 and downloaded the following two files of child sexual exploitation:

a. File Name: kitty full spermed(2) andinajaxy felisha (nice)27.avi SHA-1: TTF2FTX5VES5OL3QHRO3UPZRXVFDJBCU Description: This video is 61 seconds in length and begins with a prepubescent female child nude from the waist down. The child appears to be sleeping. An adult male is seen masturbating his penis next to the child's vagina. The adult ejaculates on the child's vagina and then wipes the ejaculate off of the child.
b. File Name: pthc - emma (blowjob adair part 2) (resized) (201 l).mpg SHA-1: 3FTNTQZ3KLWOUNPSMSW2EV545ZBT63PX Description: This video is 34 seconds in length and depicts a prepubescent female child performing fellatio on an adult male. The child is wearing a white blindfold with the words, "suck cock cum slut" written in red on the blindfold.

         5. On December 15, 2013, Detective Tooley's computer again connected directly to a computer at IP address 68.229.36.233 and downloaded three more files of child sexual exploitation. The following is a description of one of those files:

a. File Name: pthc awesome very young little nude pussy!! sex girl hardc(2).jpg SHA-1;6IJDINFW6E7 YIQZF6LHIHIE4 Y4WNY62U Description: This image depicts a female child under the age of 16. The child is nude from the waist down and is in the seated position. The child's legs are spread open exposing her vagina.

         6. Las Vegas Metropolitan Police Department officers sent an administrative subpoena to Cox Communications asking for subscriber information on the dates of Detective Tooley's downloads.

         7. Cox Communications responded that the residence associated with IP address 68.229.36.233 was to 6333 Orange Hue Street, North Las Vegas, Nevada 89031, and the account holder was Peter Planners.

         8. On March 6, 2014, a valid, legal search warrant was served at 6333 Orange Hue Street, North Las Vegas, Nevada 89031. The only two people in the house at that address at the time the search warrant was executed was a woman named Rose Deasis and her son, defendant Richard Saterstad.

         9. Rose lived at the Orange Hue Street residence with her son Richard Saterstad, her daughter Tammy Hanners, Tammy's husband Peter Hanners, and their three children.

         10. The wireless internet in the home was unsecured.

         11. Rose, Tammy, and Peter used only their electronic devices. Richard Saterstad used the computers in his room, and no one else living at the residence used his devices.

         12. Forensic Examiner Matt Trafford confirmed via forensic previews that only computers, devices, and items found in Richard Saterstad's room had any evidence of child sexual exploitation material or child pornography.

         13. Peter did not download child pornography. Peter was not aware of anyone downloading child pornography in the residence.

         14. Rose, Tammy, Peter, and their children were correctly ruled out as suspects.

         15. Richard Saterstad packed his belongings and moved out of the house the same day.

         16. At a later time and in a forensically appropriate manner, Forensic Examiner Trafford conducted complete forensics on the devices seized the day of the search warrant.

         17. Of the items seized, 14 contained evidence of child pornography crimes. These devices are:

a. Toshiba Satellite laptop computer, Model No. L305D-S5974, SN Y93l 1882Q (Iter i);
b. Western Digital 1TB My Passport external hard drive, SN WXN1E32LZWDM (Item 2);
c. Western Digital 1 TB external hard drive, Model No. WDBACX0010BBK-00, SN ...

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