Whether the discovery of 75 thumbnail child pornography images in an inaccessible cache folder on an unreported cell phone constitutes knowing possession under 18 U.S.C. §2252A in the context of supervised release

No question identified. : supplemental documents supporting his cause from the Federal Bureau of Investigation, and has been unsuccessful to date, but believes an extension of time will aid in this matter. This petitioner also begs this Honorable Court for appointment of counsel to aid in his appeal, as his appellate counsel has expressed his desire to discontinue service regarding the issues at hand while deeming them non-frivolous. This petitioner sincerely respects this Honorable Courts time and consideration. pated: /A/S [25 Respectfully, Edward C. Brow Reg. No.: FCI Elkton PO Box 10 Lisbon, OH 44432 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 September 5, 2025 Before KENNETH F. RIPPLE, Circuit Judge MICHAEL B. BRENNAN, Cireuit Judge JOSHUA P. KOLAR, Circuit Judge Nos. 24-1581 & 24-1582 UNITED STATES OF AMERICA, Appeals from the United States District Plaintiff-Appellee, Court for the Central District of Illinois. v. Nos. 2:15-cr-20008 & 2:23-cr-20033 EDWARD C. BROWN, Colin S. Bruce, Judge. ORDER On consideration of the petition for rehearing filed by defendant-appellant on August 21, 2025, all members of the original panel have voted to deny the petition for rehearing. Accordingly, the petition for rehearing is hereby DENIED. Case: 24-1581 Document: 43 Filed: 05/05/2025 Pages: 18 In the United States Court of Appeals Hor the Seventh Circuit Nos. 24-1581 & 24-1582 UNITED STATES OF AMERICA, Plaintiff-Appellee, EDWARD C. BROWN, Appeals from the United States District Court for the Central District of Illinois. Nos. 2:15-cr-20008 & 2:23-cr-20033 — Colin S. Bruce, Judge. ARGUED JANUARY 14, 2025 — DECIDED May 5, 2025 Before RIPPLE, BRENNAN, and KOLAR, Circuit Judges. KoL a, Circuit Judge. Edward C. Brown was convicted of distribution and possession of child pornography. After his prison sentence elapsed, Brown entered supervised release. During an unannounced visit to Brown’s apartment, a probation officer discovered and seized an unreported cell phone. A forensic search revealed that the phone contained 75 thumbnail images of child pornography in an inaccessible Case: 24-1581 Document: 43 Filed: 05/05/2025 Pages: 18 2 Nos. 24-1581 & 24-1582 cache folder. Brown was charged with possession of child pornography, and a jury convicted him. On appeal, Brown challenges the sufficiency of the evidence. He highlights deficiencies in the forensic digital evidence, including that the 75 thumbnail images lacked metadata, and argues that there is insufficient basis for a jury to find that he knowingly possessed child pornography. We affirm Brown’s conviction. I. Background In 2015, Brown pleaded guilty to distribution and possession of child pornography in violation of 18 U.S.C. §2252A(a)(2)(A), (b)(1) and 18 U.S.C. §2252A(a)(5)(B), (b)(2). In June 2022, Brown transferred out of prison to a halfway house, and in December 2022, he began supervised release. As part of his terms of supervised release, Brown agreed to let probation make unannounced visits to his apartment. Probation also only allowed Brown to have one cell phone and required him to report that single device. Probation officers visited Brown’s apartment unannounced on April 13, 2023. They observed a Consumer Cellular Link II cell phone that Brown had not reported. They seized the cell phone and sent it off for a forensic search. The forensic data extraction revealed that the cell phone’s cache contained 75 thumbnail images of child pornography. The images were not accessible through the cell phone’s normal user interface. And the images contained no metadata indicating when they were created, accessed, or modified. Brown was arrested, and a federal grand jury returned an indictment charging him with one count of possessing child Case: 24-1581 Document: 43 Filed: 05/05/2025 Pages: 18 Nos. 24-1581 & 24-1582 3 pornography on or about April 13, 2023, in violation of 18 U.S.C. §2252A(a)(5)(B), (b)(2). Brown pleaded not guilty. In the run-up t