Sykes conviction that there was insufficient evidence to convict on all charges and that his sentence is procedurally unreasonable. On appeal, he argues that the district court erred in denying his motion to suppress evidence seized from his Facebook account and mobile phone that the district court erroneously admitted evidence of a past sex-offense No. Tywan Sykes was convicted of a series of offenses related to child pornography and enticement of a minor. McLaurin, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee. Brown, MENEFEE & BROWN, P.C., Knoxville, Tennessee, for Appellant. Argued: OctoDecided and Filed: ApBefore: McKEAGUE, WHITE, and MURPHY, Circuit Judges. 21-6067 Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville. TYWAN MONTREASE SYKES, Defendant-Appellant. 32.1(b) File Name: 23a0084p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, > v. RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. The Sixth Circuit affirmed Sykes’s convictions and 45-year sentence, rejecting arguments that the district court erred in denying his motion to suppress and erroneously admitted evidence of a past sex-offense conviction that there was insufficient evidence to convict on all charges and that his sentence was procedurally unreasonable. The court also partially denied a motion to exclude evidence of his prior sex offenses. He argued that NCMEC is a government entity and that Facebook had become NCMEC's agent by searching his account and forwarding messages to NCMEC and that the month-and-a-half delay between the seizure of his phone and the execution of the search warrant was unreasonable. 2422(b) enticing a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct, section 2251 committing felony offenses involving a minor while required by Tennessee law to register as a sex offender, section 2260A and knowingly possessing child pornography section 2252A, Sykes filed unsuccessful motions to suppress evidence retrieved from his Facebook account and cell phone. The CyberTip suggested that they had already engaged in sexual activity and included information matching Tywan Sykes.Ĭharged with enticing a minor to engage in sexual activity, 18 U.S.C. The National Center for Missing and Exploited Children (NCMEC) forwarded to the Knoxville Police a CyberTip from Facebook reporting that a 43-year-old male appeared to be using Facebook private messages to entice a 15-year-old female (M.D.) to produce and send child-exploitation images and engage in sexual activity.
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