Summary
The Ninth Circuit affirmed Christopher Todd Boudreau’s convictions and concurrent sentences for attempted coercion and enticement of a minor and possession of child pornography. The court held that the search warrant was supported by probable cause, that any alleged omission from the warrant affidavit was immaterial under Franks v. Delaware, and that the charges were properly joined. The court also upheld the admission of evidence concerning Boudreau’s interactions with a 17-year-old girl and rejected his challenge to the substantive reasonableness of his sentence.
Topics
Practice areas
Questions Presented
- Whether the search warrant affidavit established probable cause to believe that child pornography would be found at Boudreau's residence.
- Whether an alleged omission from the warrant affidavit concerning Boudreau's use of a cellphone and the recovery of that cellphone required suppression under Franks v. Delaware.
- Whether attempted enticement of a minor and possession of child pornography were offenses of the same or similar character that could be joined under Federal Rule of Criminal Procedure 8(a).
- Whether evidence of Boudreau's uncharged interactions with a 17-year-old girl was admissible under Federal Rule of Evidence 404(b).
- Whether the same evidence was excludable under Federal Rule of Evidence 403.
- Whether Boudreau's concurrent 154-month sentence for possession of child pornography was substantively unreasonable because of alleged sentencing disparities and the application of U.S.S.G. § 2G2.2 enhancements.
Holdings
- The warrant was supported by probable cause to believe that child pornography would be found at Boudreau's residence.
- Suppression was not required because the alleged omission from the warrant affidavit was immaterial to probable cause.
- Attempted enticement of a minor and possession of child pornography are offenses of the same or similar character and were properly joined under Federal Rule of Criminal Procedure 8(a).
- The district court did not err in admitting evidence of Boudreau's interactions with the 17-year-old girl to show a non-propensity purpose, including his intent in contacting the purported 12-year-old.
- The district court did not abuse its discretion in refusing to exclude the 17-year-old's testimony under Rule 403.
- The 154-month sentence for possession of child pornography was not substantively unreasonable, and the district court did not abuse its discretion in rejecting Boudreau's sentencing-disparity argument.
Key quotations
“Given the totality of circumstances presented here, we conclude that the warrant, issued to search for evidence of a crime under Montana Code § 45-5-625, was supported by probable cause to believe not only that evidence of enticement would be found at Boudreau’s residence, but also evidence of child pornography.” (14)
“Because the elements of enticement of a minor and possession of child pornography overlap, we join our sister circuits and conclude that these offenses are of the same or similar character and that the district court did not err in denying Boudreau’s motion to sever his indictment.” (18)
Factual background
Boudreau communicated for approximately a week with an undercover officer posing as a 12-year-old girl, expressed sexual interest, and traveled to meet her intending to have sex. After his arrest, a warrant issued to search his Montana residence for evidence of enticement and child pornography; officers seized a hard drive and a subsequent search revealed numerous videos and images of minors engaged in sexual activity. During the same month, Boudreau also pursued a relationship with a 17-year-old girl, solicited nude images, and was subject to a protective order. He was convicted on both charged offenses and received concurrent 154-month sentences.
Procedural history
After Boudreau was arrested during an undercover operation involving an apparent 12-year-old girl, law enforcement obtained and executed a warrant for his residence and later obtained a warrant to search a seized hard drive. A jury convicted him of attempted coercion and enticement of a minor under 18 U.S.C. § 2422(b) and possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B). The district court denied his pretrial motions, calculated a Guidelines range of 151 to 188 months, and imposed concurrent 154-month sentences. The Ninth Circuit affirmed.