In U.S. v. Lebowitz, No. 10-13340 (April 5, 2012),
the Court affirmed convictions for producing child pornography, and affirmed a 320 months’ sentence.
The Court rejected the argument that a law enforcement agent violated Lebowitz’ Fourth Amendment rights when, after arresting Lebowitz at the residence of a minor that he had planned to meet through internet exchanges that mentioned oral stimulation and “an adventure,” she searched Lebowitz’ car without a warrant. The Court found that the good faith exception to the exclusionary rule applied, because the investigator relied on the Court’s precedent, which until recently allowed a search incident to a recent occupant’s arrest regardless of the occupant’s ability to access the passenger compartment.
Turning to sentencing, the Court rejected Lebowitz’ claim that his sentence was substantively unreasonable, noting: “Child sex crimes are among the most egregious and despicable of societal and criminal offenses.”
