DOWELL v. UNITED STATES (2019)

MEMORANDUM **

Samuel Dowell appeals pro se from the district court’s judgment denying his “Extraordinary Writ Challenge.” We have jurisdiction under 28 U.S.C. § 1291. We review de novo, see United States v. Walgren, 885 F.2d 1417, 1420 (9th Cir. 1989), and we affirm.

Dowell contends that the district court erred in concluding that he was attempting to attack his conviction. Rather, he argues that he was seeking a “class action civil writ” under 28 U.S.C. § 1651 based on the unconstitutionality of the federal statutes proscribing child pornography, 18 U.S.C. §§ 2250-2260. As an initial matter, Dowell points to no authority suggesting that 28 U.S.C. § 1651 is a proper vehicle for such an action. Moreover, child pornography is not protected by the First Amendment, see New York v. Ferber, 458 U.S. 747, 764, 102 S.Ct. 3348, 73 L.Ed.2d 1113 (1982), and the Commerce Clause authorizes Congress to criminalize its intrastate possession, see United States v. Sullivan, 797 F.3d 623, 631-32 (9th Cir. 2015). The district court, therefore, properly denied relief.

AFFIRMED.