United States of America v. Terry Lee Carlson, Sr.

United States Court of Appeals
For the Eighth Circuit
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No. 18-1829
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Terry Lee Carlson, Sr.
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: March 11, 2019
Filed: May 3, 2019
[Unpublished]
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Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
After his conditional guilty plea and sentencing on one count of production of
child pornography in violation of 18 U.S.C. § 2251(a) and (e), Terry Lee Carlson, Sr.,

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appeals the district court’s denial of his motion to suppress evidence. Carlson sought1
to suppress evidence gained through a warrant issued in the United States District
Court for the Eastern District of Virginia. We have previously held the same warrant
was void ab initio because it violated the Fourth Amendment. See United States v.
Horton, 863 F.3d 1041, 1049 (8th Cir. 2017), cert. denied, 138 S. Ct. 1440 (2018).
However, we also held the Leon good faith exception applied to Federal Bureau of
Investigation (“FBI”) agents’ use of the warrant. See id. at 1052 (citing United States
v. Leon, 468 U.S. 897 (1984)). We disagree that Carlson’s “new” arguments
supporting suppression in this case are truly new because Horton previously
addressed whether the FBI agents should have known the warrant was invalid. See
id. As our sister circuit has stated, the Department of Justice training manual and the
efforts to amend Fed. R. Civ. P. 41 do not change the applicability of the Leon good
faith exception to this warrant. See United States v. Werdene, 883 F.3d. 204, 218–19
& n.12 (3d Cir. 2018). We see no error in the district court’s decision to follow
Horton. Accordingly, we affirm. See 8th Cir. R. 47B.
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The Honorable John R. Tunheim, Chief Judge, United States District Court for1
the District of Minnesota.
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