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US v. Bynum (4th Cir.)

US v. Bynum (4th Cir.)

Ratings: (0)|Views: 231 |Likes:
4th Cir. finds that defendant had no expectation of privacy in subscriber information (name, email address, telephone number, physical address). This information was subpoenaed from Yahoo! and the internet/phone companies used by defendant.
4th Cir. finds that defendant had no expectation of privacy in subscriber information (name, email address, telephone number, physical address). This information was subpoenaed from Yahoo! and the internet/phone companies used by defendant.

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Published by: Venkat Balasubramani on May 12, 2010
Copyright:Attribution Non-commercial

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05/17/2010

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PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
 
U
NITED
S
TATES OF
A
MERICA
,
Plaintiff-Appellee,
v.No. 08-4207
M
ARQUES
D
RAKEFORD
B
YNUM
, a/k/amarkie_zkidluv6, a/k/akeyido126@netzero.net,
 Defendant-Appellant.
Appeal from the United States District Courtfor the Western District of North Carolina, at Charlotte.Martin K. Reidinger, District Judge.(3:06-cr-00401-MR-DCK-1)Argued: March 25, 2010Decided: May 5, 2010Before WILKINSON and MOTZ, Circuit Judges,and Joseph R. GOODWIN, Chief United States DistrictJudge for the Southern District of West Virginia,sitting by designation.Affirmed by published opinion. Judge Motz wrote the opin-ion, in which Judge Wilkinson and Judge Goodwin joined.
COUNSELARGUED
: Aaron Edmund Michel, Charlotte, North Caro-lina, for Appellant. Adam Christopher Morris, OFFICE OF
 
THE UNITED STATES ATTORNEY, Charlotte, North Car-olina, for Appellee.
ON BRIEF:
Gretchen C. F. Shappert,United States Attorney, Charlotte, North Carolina, for Appel-lee.DIANA GRIBBON MOTZ, Circuit Judge:A jury convicted Marques Drakeford Bynum of transport-ing and possessing child pornography, in violation of 18U.S.C. § 2252A (2006). The district court sentenced him to192 months in prison. Bynum appeals, challenging his convic-tion and sentence. Finding no reversible error, we affirm.I.On July 8, 2003, FBI Special Agent Gregory Zack, workingundercover and using an informant’s password, entered achild-pornography online chat group administered by Yahoo!Inc. ("Yahoo"). Agent Zack observed that someone using themoniker "markie_zkidluv6" had, on June 22, 2003, uploadedto the group’s website a dozen photos depicting childrenengaged in sexual acts. On July 10, 2003, Agent Zack againaccessed the group and observed that the same user haduploaded several more illicit images.In an effort to identify "markie," the FBI served an admin-istrative subpoena on Yahoo, requesting the subscriber infor-mation "markie" had entered into the Yahoo website when heopened his account, and the internet protocol ("IP") addresses(numbers generated automatically by the internet service pro-vider) associated with the user’s uploads to the Yahoo web-site.Once Yahoo provided the FBI with this information, Agent
2U
NITED
S
TATES
v. B
YNUM
 
Zack plugged the IP addresses into a free, public website thatdirected him to the internet service provider associated withthose addresses, UUNET Technologies ("UUNET"). The FBIthen issued a subpoena to UUNET asking for information onthe customer associated with the IP addresses. After receivingfrom UUNET an email address and telephone number—which indicated to Agent Zack that "markie" had used aphone-based "dial-up service and not a cable or DSL line" toaccess the internet—Agent Zack subpoenaed the phone andinternet companies that operated the dial-up service.
1
Drawingfrom their "subscriber information" records, these companiesprovided Agent Zack with Bynum’s name and the physicaladdress from which the uploads emanated: the Charlotte,North Carolina home of Bynum’s mother.On September 22, 2003, Agent Zack entered the onlinechat group again and observed a third upload from "markie,"this time containing a video entitled "4yo-refusing-cumshot-wsound[1].mpg." That same day, Agent Zack accessed "mar-kie’s" profile information, in which the user identified himself as a 24-year-old single male living in North Carolina who"want[s] to chat with any cute girls that live close by thats[sic] up for a little fun." The profile also included a photo of Bynum.The FBI used this information to prepare an affidavit insupport of a search warrant of the Bynum home. A federalmagistrate judge issued the warrant and, during the December2003 search that followed, the FBI found a laptop computerin a bedroom that the agents recognized as the background forBynum’s profile photo. A subsequent search of the computerrevealed the images and video Agent Zack had earlier founduploaded online, as well as 5,074 photos and 154 videos of child pornography.
1
All the administrative subpoenas served in this case requested that therecipients not disclose to Bynum or anyone else the existence of the sub-poenas.
3U
NITED
S
TATES
v. B
YNUM

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