United States First Circuit

Conviction of defendant for the production of child pornography in violation of 18 U.S.C. section 2251(a), is affirmed where: 1) defendant's claim that section 2251(a) is unconstitutional as applied to him because his conduct did not have a substantial effect on interstate commerce as, defendant's conduct falls within the sphere of activity that Congress legitimately regulates; and 2) defendant's claim that the government failed to prove that he "produced" sexually explicit images of a minor using materials that traveled in interstate commerce, is without merit.

Appellate Information

• Decided 01/07/2011
• Published 01/07/2011

Judges

• STAHL

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David J. Van Dyke, Margaret D. McGaughey