D.Nev.: Leaving CP in a briefcase in attic and selling house and leaving it behind is abandonment

Defendant abandoned child pornography by secreting it with a cell phone in a briefcase in his attic. After he sold the house, he left it behind. He says he instructed a friend to retrieve it, but that didn’t happen. On the totality, this was an abandonment. United States v. Fisher, 2018 U.S. Dist. LEXIS 218410 (D. Nev. Dec. 14, 2018), adopted, 2019 U.S. Dist. LEXIS 1921 (D. Nev. Jan. 3, 2019).

Petitioner’s habeas claim wasn’t timely. “Moreover, Owens’s application shows that he was suspicious of the informant’s reliability and aware that the affidavit in support of the search was allegedly insufficient to establish probable cause before he pleaded guilty. Accordingly, Owen’s second claim does not satisfy § 2244(b)(2)(B).” In re Owens, 2019 U.S. App. LEXIS 263 (6th Cir. Jan. 4, 2019).*

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