United States v. Anthony Kebodeaux

HAYNES, Circuit Judge,

joined by KING, W. EUGENE DAVIS, CARL E. STEWART and LESLIE H. SOUTHWICK, Circuit Judges, dissenting:

I respectfully dissent. I would affirm Kebodeaux’s conviction.

I. The Original Challenge

I begin by addressing what we need no longer consider — a facial challenge to Section 2250(a)(2)(A)’s constitutionality. In the district court, Kebodeaux brought a broad-based challenge to Congress’s power to enact this section at all, largely focused on Commerce Clause concerns. Before the original panel, though mentioning the impact on him, Kebodeaux again largely confined his…