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United States v. Seabridge

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Dec 30, 2015
628 F. App'x 258 (5th Cir. 2015)

Opinion

No. 14-41240

12-30-2015

UNITED STATES OF AMERICA, Plaintiff-Appellee v. RONALD SEABRIDGE, Defendant-Appellant


Summary Calendar Appeal from the United States District Court for the Eastern District of Texas
USDC No. 1:13-CR-57 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------

A jury found Ronald Seabridge guilty of receiving and distributing material involving the sexual exploitation of children and of possessing material involving the same (child pornography). On appeal, he argues that the evidence produced at trial was insufficient to support his convictions under 18 U.S.C. § 2252(a)(2) for receipt and distribution of child pornography and under 18 U.S.C. § 2252 (a)(4)(B) for possession of child pornography.

Because Seabridge did not renew his motion for a judgment of acquittal at the close of all the evidence, we review this claim for a manifest miscarriage of justice. See United States v. Delgado, 672 F.3d 320, 329-32 (5th Cir. 2012) (en banc). As there was evidence produced at trial showing that child pornography was detected and downloaded via a peer-to-peer network from an internet protocol address associated with Seabridge and substantial evidence linking Seabridge to the detected child pornography files, Seabridge has failed to show there was a manifest miscarriage of justice with respect to his receipt and distribution conviction. See United States v. Roetcisoender, 792 F.3d 547, 552 (5th Cir. 2015); United States v. Larman, 547 F. App'x 475, 477 (5th Cir. 2013).

Likewise, trial evidence demonstrated that a computer at Seabridge's residence as well as an external hard drive, both with internet history and other evidence linking him to those devices, contained images of child pornography. Thus, he fails to show a manifest miscarriage of justice with respect to his conviction for possessing child pornography. See United States v. Woerner, 709 F.3d 527, 537-38 (5th Cir. 2013); Larman, 547 F. App'x at 481.

AFFIRMED.


Summaries of

United States v. Seabridge

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Dec 30, 2015
628 F. App'x 258 (5th Cir. 2015)
Case details for

United States v. Seabridge

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee v. RONALD SEABRIDGE…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Dec 30, 2015

Citations

628 F. App'x 258 (5th Cir. 2015)