United States of America v. Thomas Johnson

United States Court of Appeals
For the Eighth Circuit
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No. 18-2646
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Thomas Johnson
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Western Division
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Submitted: April 18, 2019
Filed: May 17, 2019
[Unpublished]
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Before SHEPHERD, MELLOY, 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), Thomas Johnson

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appeals the district court’s1 denial of his motion to suppress evidence. Johnson
sought 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 agents’ use of the warrant. See id. at 1052. Accordingly, we
affirm. See 8th Cir. R. 47B.
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1The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
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