United States Fifth Circuit

Defendant's conviction, based on guilty plea to using a minor to engage in sexually explicit conduct for purpose of creating visual depictions, and possessing child pornography, is affirmed over claims of error regarding: 1) whether U.S.C. section 2251(a) exceeds Congress' Commerce Clause authority; and 2) whether district court erred in failing to suppress evidence from unlawful search. Defendant did not reserve any right to appeal denial of his motions to quash indictment and suppress evidence.

Appellate Information

• Decided 04/25/2008
• Published 04/28/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, BARKSDALE and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul David Roberts, Asst. U.S. Atty., Oxford, MS, for U.S., Bobby T. Vance, Batesville, MS, for Sealed Appellant.