MARCH 27, 2017
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 14 CR 00659 -
Gary Feinerman, Judge.
BAUER and EASTERBROOK, Circuit Judges, and DeGuilio, [*] District Judge.
25, 2016, a jury found Edward James Davis guilty of one count
of knowingly transporting and causing to be transported more
than 10 images of child pornography, in violation of 18
U.S.C. § 2252A(a)(1), and one count of possession of
material which contained an image of child pornography, in
violation of 18 U.S.C. § 2252A(a)(5)(B). On October 11,
2016, the district court sentenced Davis to 210 months'
imprisonment on each count, to be served concurrently. The
court also imposed a $400, 000 fine, $2, 000 in restitution,
a five-year term of supervised release, and a $200 special
assessment. Davis brings this appeal challenging the
sufficiency of the government's evidence at trial, as
well as the constitutionality and reasonableness of the $400,
2013, FBI agents began investigating pornographic images that
appeared on the online photo-sharing website Shutterfly
Shutterfly allows individuals to create an account using an
email address, and then upload images to the website. One
Shutterfly feature, called a "share site, " allows
users to post images and then invite other Shutterfly users
to view them, and also upload their own images.
Davis' trial, FBI Agent Daniel O'Donnell testified
that in January 2014, he executed a search warrant on a
Shutterfly share site titled “bwbb722."
The site showed that it had approximately 50 members at that
time, one of whom was a user with the username "Jimmy
D." "Jimmy D" joined "bwbb722" on
August 29, 2013, and posted just over 2, 000 images to the
site on August 30, 2013. Agent O'Donnell testified that
he determined, based on his experience and training, that at
least 1, 000 of these images depicted minors engaging in
sexual intercourse with both minors and adults. The remainder
were images depicting minors in either sexually suggestive
poses or partially clothed.
"Jimmy D" username was created using the email
address jimmydbw@cs. com. That email address was registered
through AOL. In response to a search warrant, AOL provided
the information associated with that address to Agent
O'Don-nell. The account was registered to "Jim
Davis/' with an address of 10532 West Drummond Place,
Melrose Park, Illinois. Davis had owned the home at that
address since 1983. The AOL account was also registered with
a credit card with the name "James Davis."
April 22, 2014, FBI agents and local police executed a search
warrant on the home at 10532 West Drummond Place and found
Davis there alone. There were two bedrooms in the house, each
with one bed. Anthony Stack of the Cook County Sheriff's
Department, who participated in the search, testified that
only one of the bedrooms appeared to be slept in, while the
other appeared to be used for storage. He testified that
Davis appeared to be the only occupant of the home. During
the search, Officer Stack found and seized two computers-one
laptop and one desktop-in the first floor study.
Special Agent Shannon McDaniel performed the forensic search
of the seized computers. She testified that she found 350
images of child pornography on the desktop computer's
hard drive and 700 images of child pornography on the
laptop's hard drive. These images were located in the
"carved space" of the hard drives. FBI Senior
Forensic Examiner Jon Shumway testified that when a user
deletes an image from a computer, it will remain in the
carved space on a hard drive, even though the typical user
may no longer be able to see or access it. Agent McDaniel
testified that, by using forensic software, she was able to
recover the pornographic images from the carved space on the
hard drives seized from Davis' home.
180 of these images were visual matches for the images that
"Jimmy D" posted on the "bwbb722"
Shutterfly site on August 30, 2013. Agent McDaniel also
testified that the forensic software used to search the hard
drives was able to recover metadata, which provides specific
information about the use and activity of particular images.
From the metadata she recovered, Agent McDaniel confirmed
that certain of these images had been uploaded from these
computers to various Shutterfly share sites using the name
"Jimmy D" and the email address firstname.lastname@example.org.
Over 30 of the 180 matched images were uploaded to Shutterfly
in August 2013, prior to being posted to "bwbb722."
Session activity obtained from AOL confirmed that the
email@example.com account was online during the time frames in
which "Jimmy D" posted the images to
"bwbb722" on August 30, 2013.
McDaniel also testified as to other information and documents
she located on the seized computers. The desktop computer
contained a copy of Davis' passport; two photographs of
Davis; a landscaping bill addressed to Davis at his home
address; an anatomical donation form completed with
Davis' name, address, and phone number; and a reservation
for a trip made in Davis' name. The laptop computer
contained a photograph of Davis, as well as data recovered
from an antivirus program that was registered with the
firstname.lastname@example.org email address and Davis' phone number.
17, 2016, a superseding indictment charged Davis with one
count of transporting more than 10 images of child
pornography on August 30, 2013, and one count of knowingly
possessing an image of child pornography in or around August
2013. On May 25, 2016, after a three-day trial, at which
Davis called no witnesses, the jury returned guilty verdicts
on both counts. Davis filed a motion for judgment of
acquittal, a motion in arrest of judgment, and a motion for a
new trial. He argued that the evidence at trial was
insufficient to support his convictions, and also made a
number of challenges to the court's evidentiary rulings.
On July 6, 2016, the district court denied Davis'
motions. On October 11, 2016, the court ...