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2021 Supreme(US)(ca7) 277

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Manion
United States – Appellant
Versus
Jeremy Schenck – Respondent



United States Court of Appeals For the Seventh Circuit ____________________ No. 20-2353 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEREMY SCHENCK, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Western District of Wisconsin. No. 19-cr-127-jdp — James D. Peterson, Chief Judge. ____________________

ARGUED APRIL 1, 2021 — DECIDED JULY 2, 2021 ____________________

Before MANION, ROVNER, and ST. EVE, Circuit Judges. MANION, Circuit Judge. Jeremy Schenck produced child pornography. He moved to suppress the evidence, arguing the search warrant was not supported by probable cause be- cause the underlying affidavit did not identify how the affiant knew a few particular pieces of information. The district judge agreed with the magistrate judge’s recommendation and denied suppression. Schenck pleaded guilty to one count of violating 18 U.S.C. § 2251(a), conditioned on reserving his 2 No. 20-2353 right to appeal. The district judge sentenced him to 240 months in prison. Schenck appeals the denial of suppression. But we agree with the district judge that there is nothing to criticize in the magistrate judge’s report and recommenda- tion. The affidavit, read as a whole with common sense, estab- lished a reasonable probability that the search would produce evidence of child pornography. I. Jeremy “Emily” Schenck: Defendant-Appellant. Born March 21, 1995. Biological father of ABC. 1 Former partner of Christina Davis. Christina Davis: Biological mother of ABC. Former part- ner of Schenck. ABC: Daughter of Davis and Schenck. Born in 2016. Melissa Schenck: Jeremy Schenck’s mother. Detective Paul Bauman: Madison police detective. Signed the affidavit supporting the warrant. Officer Joseph Buccellato: Madison police officer. Investi- gated Davis’s report. Officer Amber Flores: Madison police officer. Interviewed Melissa Schenck. Melissa Garecht: Social worker. Investigated Davis’s re- port. Katelyn Schneibel: Schenck’s friend in Williston, North Dakota. Told Davis that Schenck sent images to her.

1 We changed the child’s initials throughout this opinion. No. 20-2353 3

Detective Alexius Enget: Williston police detective. Inter- viewed Schneibel. II. Jeremy Schenck and Christina Davis have a young biolog- ical child together: ABC. Schenck took sexually explicit pho- tos of ABC and sent them to his friend Schneibel on the inter- net. Schneibel told Davis, who told Melissa Schenck, who told Detective Bauman. Bauman then spoke with Davis directly. At Bauman’s arrangement, Detective Enget spoke with Schneibel directly. During that interview, Schneibel described the images she received from Jeremy Schenck. Enget gave an audio recording of her interview of Schneibel to Bauman. Bauman then applied to a Wisconsin state judge for a warrant to search Jeremy Schenck’s apartment for child pornography. Bauman wrote and submitted an affidavit explaining why there was probable cause to support the search. This case cen- ters on Bauman’s affidavit. The affidavit contains seven numbered paragraphs de- scribing factual details Bauman learned during his investiga- tion. Based on this affidavit, the Wisconsin state judge issued a search warrant. Police executed the warrant on February 20, 2019. They seized Schenck’s computer and iPhone. They found four pornographic images of ABC when she was about 1.5 to 2 years old. The federal government charged Schenck with three counts of production of child pornography and one count of distribut

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