USA v. Tommy R. Findley

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 18-14204
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D.C. Docket No. 9:17-cr-80226-RLR-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TOMMY R. FINDLEY,

Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(May 22, 2020)
Before WILSON, MARCUS, and BUSH,
∗
Circuit Judges,

PER CURIAM:

∗
Honorable John Kenneth Bush, United States Circuit Judge for the Sixth Circuit, sitting by
designation.
Case: 18-14204 Date Filed: 05/22/2020 Page: 1 of 2

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Tommy R. Findley appeals his convictions and sentences for production of
child pornography, in violation of 18 U.S.C. § 2251(a) and (e), and possession of
child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). On
appeal, Findley argues that the district court (1) failed to clearly indicate that it
conducted a de novo review of the suppression-hearing evidence before denying
his motion to suppress; (2) improperly denied his motion to suppress;
(3) constructively amended both counts of the indictment; (4) imposed an
unreasonable sentence; and (5) erred by restricting his use of a computer with a
modem as a condition of supervised release.
After considering the parties’ briefs, the record on appeal, and with the
benefit of oral argument, we find no reversible error. Accordingly, we affirm
Findley’s convictions and sentences.
AFFIRMED.
Case: 18-14204 Date Filed: 05/22/2020 Page: 2 of 2