United States Eleventh Circuit

Prior holding that 18 U.S.C. section 2252A was unconstitutional as applied to the defendant-s conduct, is reversed on remand from U.S. Supreme Court in light of Gonzalez v. Raich, 545 U.S. __, 125 S. Ct. 2195 (2005), as Congress has authority to regulate all intrastate possession of child pornography, not just that which has traveled in interstate commerce or has been produced using materials that have traveled in interstate commerce.

Appellate Information

• Decided 04/20/2006
• Published 04/20/2006

Judges

• TJOFLAT, Circuit Judge:, Before EDMONDSON, Chief Judge, and TJOFLAT and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Dionja L. Dyer and Mara Allison Guagliardo, Fed. Pub. Defenders, Tampa, FL, for Maxwell., Tamra Phipps and Susan Hollis Rothstein-Youakim, Tampa, FL, for U.S.