United States Sixth Circuit

Conviction of defendant for sexual exploitation of a child in the manufacture of child pornography and possession of child pornography is affirmed where: 1) district court properly denied defendant's motion to suppress as the private-citizen search that uncovered incriminating evidence did not violate the Fourth Amendment; 2) defendant's as-applied challenge under the Commerce Clause is meritless; and 3) after the Supreme Court's decision in Gonzales v. Raich, 545 U.S. 1 (2005), U.S. v. Corp, 236 F.3d 325 (6th Cir. 2001) is no longer the law of the Circuit.

Appellate Information

• Argued 01/21/2010
• Decided 02/08/2010
• Published 02/08/2010

Judges

• Before MERRITT, MOORE, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Matthew C. Brown, Law Office, Bloomfield Hills, Michigan, for Appellant. Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF:Matthew C. Brown, Law Office, Bloomfield Hills, Michigan, Timothy P. Flynn, Karlstrom Cooney, Clarkston, Michigan, for Appellant. Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee.