United States Tenth Circuit

Convictions for receipt and possession of images involving the sexual exploitation of minors are reversed where the government failed to offer sufficient evidence to establish the requisite jurisdictional nexus of a movement across state lines, or movement in interstate commerce. The government's evidence concerning defendant's use of the Internet, standing alone, was not sufficient to establish that the child-pornography images at issue moved across state lines.

Appellate Information

• Decided 09/05/2007
• Published 09/06/2007

Judges

• HOLMES, Circuit Judge., Before TYMKOVICH, EBEL, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant., Kim I. Martin, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with her on the brief), Kansas City, KS, for Plaintiff-Appellee.