RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit Rule 206
File Name: 06a0038p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
MICHAEL WAYNE MORGAN,
Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
No. 03-00025—David L. Bunning, District Judge.
Argued: December 6, 2005
Decided and Filed: January 26, 2006
Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.
ARGUED: James L. Cobb, Jr., Cincinnati, Ohio, for Appellant. Robert K. McBride, ASSISTANT
UNITED STATES ATTORNEY, Covington, Kentucky, for Appellee. ON BRIEF: James L. Cobb,
Jr., Cincinnati, Ohio, for Appellant. Robert K. McBride, ASSISTANT UNITED STATES
ATTORNEY, Covington, Kentucky, Charles P. Wisdom, Jr., ASSISTANT UNITED STATES
ATTORNEY, Lexington, Kentucky, for Appellee.
KAREN NELSON MOORE, Circuit Judge. Defendant Michael Wayne Morgan
(“Defendant” or “Morgan”) entered a conditional guilty plea to a violation of 18 U.S.C.
§ 2252A(a)(5)(B), which prohibits possessing images depicting minors engaged in sexually explicit
conduct. Morgan appeals the district court’s denial of his motion to suppress evidence of child
pornography that resulted from a search of a computer in his home because he argues that his wife
did not have the requisite authority to consent to the search. Also before us is whether Morgan’s
sentence violated the Sixth Amendment in light of United States v. Booker, 543 U.S. 220, 125 S. Ct.
738 (2005). For the reasons set forth below, we AFFIRM the denial of the motion to suppress, but
VACATE Morgan’s sentence and REMAND for resentencing.
United States v. Morgan
1Although Ms. Morgan testified in state court that she told Captain Prindle that she had access to but did not
use the computer, the district court found, based on Captain Prindle’s testimony, that she to