United States Ninth Circuit

18 U.S.C. section 2252(a)(4)(B), prohibiting possession of certain child pornography, is unconstitutional as applied to simple intrastate possession of a visual depiction that has not been mailed, shipped, or transported in interstate commerce and is not intended for interstate distribution, or for economic or commercial use.

Appellate Information

• Argued 08/06/2002
• Decided 03/20/2003
• Published 03/20/2003

Judges

• Before REINHARDT, TROTT and TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Angela M. Krueger, Federal Defenders of San Diego, Inc, San Diego, CA, for the defendant-appellant., Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Anne K. Perry, Assistant United States Attorney, Appellate Section, Criminal Division, San Diego, CA, for the plaintiff-appellee.