United States Ninth Circuit

Defendant's conviction for producing and possessing a sexually explicit video depicting a fourteen year-old girl is: 1) affirmed in part, where venue in the Northern District of California for the production count was not improper, Congress may regulate even purely intrastate production of child pornography and criminalize its intrastate possession, the district court did not err in denying defendant's motion to suppress evidence obtained from his laptop computer, and the district court properly applied the mandatory minimum enhancement provisions for convictions related to "sexual abuse"; but 2) reversed in part, where the district court erred in its legal analysis when sustaining the defendant's objection to the inclusion of a two-level enhancement for obstruction of justice.

Appellate Information

• Decided 05/28/2014
• Published 05/28/2014

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel