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United States v. O'Dell

United States Court of Appeals, Eighth Circuit

September 9, 2014

United States of America, Plaintiff - Appellee
v.
Matthew O'Dell, Defendant - Appellant

Submitted June 13, 2014.

Appeal from United States District Court for the Western District of Missouri - Springfield.

For United States of America, Plaintiff - Appellee: James J. Kelleher, U.S. Attorney's Office, Springfield, MO.

For Matthew O'Dell, Defendant - Appellant: George Michael Archer, Archer Law Firm, Saint Louis, MO.

Matthew O'Dell, Defendant - Appellant, Pro se, Rochester, MN.

Before MURPHY, COLLOTON, and KELLY, Circuit Judges.

OPINION

Page 871

PER CURIAM.

Matthew O'Dell pled guilty, pursuant to a conditional plea agreement, to one count of sexual exploitation of children, in violation of 18 U.S.C. § 2251(a) and (e). The district court[1] sentenced him to a 240-month term of imprisonment, to be followed by a lifetime term of supervised release. O'Dell appeals the denial of his motion to suppress evidence seized pursuant to a search warrant from his room at a YMCA camp. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because the search warrant was supported by probable cause, we affirm.

I. Background

O'Dell, a supervisor at a YMCA camp in Wakonda, Missouri, posed on-line as a

Page 872

young girl named Hannah. Using this identity, he convinced teenage boys that Hannah wanted to meet them. O'Dell would then meet the boys, claiming to be Hannah's cousin. When Hannah failed to show up--or while they awaited Hannah's arrival--he either attempted to have sex with the boys or engaged in sexual activity with them. A boy who had been solicited by O'Dell reported O'Dell to the Springfield, Missouri, police department. A patrol officer took the boy's statement, and Detective Reece was assigned to investigate.

On July 31, 2009, Detective Reece submitted an application for a search warrant to search O'Dell's room at the YMCA camp. In his affidavit, Detective Reece stated he had been assigned to follow up on an allegation of child molestation " described in Springfield Police Report ...


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