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U.S. v. TOSTI

No. 12-10067.

733 F.3d 816 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Thomas TOSTI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2013.

Attorney(s) appearing for the Case

Amitai Schwartz (argued) and Moira Duvernay, Law Offices of Amitai Schwartz, Emeryville, CA, for Defendant-Appellant.

Melinda Haag, United States Attorney, and Barbara J. Valliere, Assistant United States Attorney, San Francisco, CA; Julia Malkina (argued), United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Before: MARY M. SCHROEDER, KENNETH F. RIPPLE, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

Defendant Donald Thomas Tosti ("Tosti") was convicted of possessing child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). He appeals from the district court's denial of his multiple motions to suppress evidence derived from both the 2005 search of his computer at a CompUSA store and the 2009 search of his home office. Tosti also challenges his 96-month sentence as unreasonable in light of his advanced age and...

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