United States Seventh Circuit

Conviction for production and possession of child pornography is affirmed where: 1) defendant intentionally waived his right to challenge the constitutionality of the indictment against him as he was aware that he could challenge the constitutionality of the indictment on Commerce Clause grounds and made a conscious decision not to press the argument in district court proceedings; and 2) the indictment was not defective and its wording did not deprive defendant of the opportunity to prepare an adequate defense.

Appellate Information

• Argued 01/07/2009
• Decided 07/06/2009
• Published 07/06/2009

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Paul Kincaid, Terre Haute, IN, pro se.


• For Appellees:
  
• Joseph H. Hartzler (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee., Matthew D. Lango (argued), Frankel & Cohen, Chicago, IL, for Defendant-Appellant.