from the United States District Court for the District of
Colorado (D.C. No. 1:16-CR-00249-WJM-1)
Lee, Assistant Federal Public Defender (Virginia L. Grady,
Federal Public Defender, with him on the brief), Denver,
Colorado, for Defendant - Appellant.
Marissa R. Miller, Assistant U.S. Attorney (Jason R. Dunn,
United States Attorney, with her on the brief), Denver,
Colorado, for Plaintiff - Appellee.
Cope and Adam Schwartz, Electronic Frontier Foundation, San
Francisco, California, filed an Amicus Curiae brief, in
support Defendant - Appellant.
BACHARACH, KELLY, and CARSON, Circuit Judges.
Derrick Williams pled guilty to transportation of child
pornography, 18 U.S.C. § 2252A(a)(1) and (b)(1), and
possession of child pornography, 18 U.S.C. §
2252A(a)(5)(B) and (b)(2), reserving his right to appeal the
denial of a motion to suppress. He was sentenced to 84
months' imprisonment and five years of supervised
release. Our jurisdiction arises under 28 U.S.C. § 1291
and we affirm.
November 24, 2015, Mr. Williams, an American citizen, boarded
an international flight bound for Denver International
Airport (DIA). Once on the ground, he proceeded to customs
where his passport triggered multiple "lookout"
alerts in the U.S. Customs and Border Patrol (CBP)
enforcement system. The alerts instructed CBP officers to
escort Mr. Williams to DIA's secondary screening area
where he was met by Homeland Security Special Agent Kyle
Allen became aware of Mr. Williams in August 2015 when he
received a letter stating that Mr. Williams had been arrested
in Germany for violating weapons laws. According to the
letter, someone reported seeing Mr. Williams and another man
brandishing weapons in a suburban neighborhood. Officers
found a crossbow, multiple pistols, and an airsoft gun that
resembled an automatic rifle in their possession.
letter additionally stated that it was unclear how Mr.
Williams entered Germany as he was banned from the country in
2011 after being discovered living there on an expired visa.
The ban extended throughout the Schengen Area for a five-year
period. However, Mr. Williams admitted to German law
enforcement that in 2015 he had already traveled through
Belgium, France, Iceland, and the Netherlands - all Schengen
member states - and that he would go to Morocco next.
by this letter, Agent Allen began investigating Mr. Williams
and discovered that he had domestic felony convictions for
trespass, unlawful use of a financial instrument, fraud, and
escape. The escape charge arose when Mr. Williams fled the
United States in 2007 while serving a community corrections
sentence. Mr. Williams was convicted in 2011 after being
deported from Germany to the United States.
November 13, 2015, terrorist cells operating in France and
Belgium launched a large-scale attack in Paris. The
terrorists, who claimed allegiance to the Islamic state, were
of Moroccan descent. Agent Allen's supervisors asked that
he review his open investigations. Agent Allen then reviewed
Mr. Williams's file and, though he did not have specific
information linking Mr. Williams to terrorist activity,
placed a lookout on Mr. Williams in the CBP enforcement
than two weeks after the attacks, Agent Allen learned that
Mr. Williams had boarded a flight from Paris to Denver with a
stopover in Reykjavik. He met Mr. Williams at DIA to
interview him. Prior to conducting the interview, however,
Agent Allen reviewed Mr. Williams's customs declaration
form and noticed that he had not ...