United States Fourth Circuit

Defendant's conviction and sentence for sexual exploitation of a minor for the purpose of producing a visual depiction are affirmed, where: 1) the First Amendment did not entitle Defendant to raise a mistake of age defense; and 2) Defendant was not prejudiced by the indictment's charge that Defendant "knowingly" created the video at issue.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• Before DUNCAN, Circuit Judge, Robert J. CONRAD, Jr., Chief United States District Judge for the Western District of North Carolina, sitting by designation, and Thomas D. SCHROEDER, United States District Judge for the Middle District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gary Eugene Bair, Bennett & Bair, LLC, Greenbelt, Maryland, for Appellant.  Michael Joseph Leotta, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, Michele W. Sartori, Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee.