United States Ninth Circuit

Defendant's child pornography conviction and sentence are affirmed, where 1) intrastate possession of child pornography may affect interstate commerce; 2) the prosecution had a strong case independent of the initial portions of an improperly admitted audiotape; and 3) 18 U.S.C. section 3559(e)(2) mandates a life sentence only for that specific subset of prior convictions under 18 U.S.C. section 1591 where the victim is a minor.

Appellate Information

• Argued 02/02/2009
• Decided 08/28/2009
• Published 08/28/2009

Judges

• RAWLINSON, Circuit Judge:, Before: RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and BRUCE S. JENKINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wendy Holton, Helena, MT, for appellant William Gallenardo.


• For Appellees:
  
• Marcia Hurd, Assistant U.S. Attorney, Billings, MT, for appellee United States.