Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Misraje

United States Court of Appeals, Ninth Circuit

April 30, 2018

United States of America, Plaintiff-Appellee,
v.
Cory Misraje, AKA Cory Spencer Misraje, Defendant-Appellant.

          Argued and Submitted February 13, 2018 Pasadena, California

          Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, District Judge, Presiding D.C. No. 2:09-cr-00992-PSG-1

          Jonathan P. Schneller (argued), Deputy Federal Public Defender; Hilary L. Potashner, Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Defendant-Appellant.x.

          Nancy B. Spiegel (argued), Assistant United States Attorney, Criminal Appeals Section; Lawrence S. Middleton, Chief, Criminal Division; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellee.

          Before: Marsha S. Berzon and Jay S. Bybee, Circuit Judges, and John A. Woodcock, Jr. [*] District Judge.

         SUMMARY [**]

         Criminal Law

         The panel affirmed the district court's judgment revoking the defendant's supervised release after he committed two violations of a condition that he possess and use only those computers and computer-related devices that he had disclosed to his supervising officer.

         The panel held that the probation office did not unreasonably delay the initiation of the revocation petition, where the defendant caused the delay by obstructing the probation office's investigation of the conduct leading to the filing of the petition. Rejecting the defendant's contention regarding the use of his confession, which he claimed was the fruit of questioning with deceptive and coercive features, the panel wrote that the Fifth Amendment does not apply to law enforcement questions to a supervisee about his compliance with the terms and conditions of supervision. The panel held that the defendant violated the computer "use" condition when he possessed and availed himself of the functions of his friend's smart phone, a device he had not disclosed to the supervising officer.

          OPINION

          WOODCOCK, District Judge.

         Cory Misraje appeals a judgment revoking his supervised release. The revocation arose out of two violations of a condition of that supervised release - that he possess and use only those computers and computer-related devices he had disclosed to his supervising officer. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

         I. BACKGROUND

         Misraje was convicted of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and sentenced to a term of incarceration followed by a term of supervised release. Among the conditions of supervised release was a prohibition against the possession and use of computers or computer-related devices not disclosed to his supervising officer, the "undisclosed device" condition.

         While on supervised release, Misraje was in the lobby of a psychologist's office, awaiting an appointment. In the lobby was a mother, also waiting to be seen, and her two sons, ages eight and twelve. The mother went into the doctor's office, leaving Misraje alone with the two boys. Misraje spoke to at least one of the children and showed him images of child pornography on an electronic device he had disclosed to his probation officer. This episode led to a failed attempt by the United States Probation Office (USPO) to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.