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United States v. Tatomer

United States District Court, D. Nevada

April 9, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRISTOPHER ALLEN TATOMER, Defendant.

          ORDER

          HOWARD D. MCKIBBEN UNITED STATES DISTRICT JUDGE.

         On April 11, 2018, an indictment was issued charging Defendant with Receipt of Child Pornography under 18 U.S.C. § 2252A(a)(2) and (b). (ECF No. 1). On January 16, 2019, Defendant filed a motion to suppress evidence. (ECF No. 32). The Government responded, (ECF No. 37), and Defendant replied (ECF No. 38). For the reasons set forth below, the motion is denied.

         I. BACKGROUND

         The Affidavit of FBI Task Force Officer Gregory Sawyer, which was attached to the Application for Search Warrant, sets forth the following relevant facts:

DETAILS OF THE INVESTIGATION
23. Pursuant to 18 U.S.C. § 2258A, Electronic Service Providers are required to report incidents of child pornography to the National Center for Missing and Exploited Children (NCMEC) through the “CyberTipline.”
24. The National Center for Missing and Exploited Children complies the information from the ESP then forwards the reported information to law enforcement operating in the area where the activity is believed to be occurring or originated from. This report is called a “CyberTip.”
25. On July 17, 2017, Skype submitted a report to the National Center for Missing and Exploited Children regarding child pornography images that had been uploaded to their service. Two child pornography images were uploaded to the Skype account screen name “mayorcock.” Skype identified the person using their service by the IP address used to login to the account 71.94.0.182.
26. An example of a child pornography file uploaded to the Skype service is as follows:
a) File Name: 22c32a2f-1e8b-494c-a4d4-3b64866d07a8.jpg
Description: This is a picture file showing a completely nude boy who appears to be approximately 13-16 years of age. The boy is in what appears to be a bathroom, has his arms raised over his head, and has an erection.
b) File Name: 9cced867d-1d14-45f9-903a-abf598e24057.png
Description: This is a picture file showing a completely nude young girl and adult male. The young girl is approximately 4-7 years of age and is laying down on a blanket with her hands behind her head. The adult male is straddling the young girls' chest and has one hand on his penis while the young girl performs fellatio on him. The adult male has his other hand on the young girls' vagina.
27. On or about March 2017 Sergeant Dennis Carry of the Washoe County Sheriff's Office engaged in undercover webchats using an undisclosed service targeting individuals exploiting children in the Northern Nevada region. One of those chats was with a person who identified himself as Chris Tatomer. During one of the conversations the person identifying himself as Chris Tatomer suggested moving the ...

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