United States v. Ortiz-Graulau

OPINION AND ORDER

GARCIA-GREGORY, District Judge.

On October 12, 2005, a Grand Jury sitting in this district issued a two-count su-perceding indictment charging defendant Harold Ortiz-Graulau (“Ortiz-Graulau”) with a violation of 18 U.S.C. § 2252(a)(4)(B), to wit, possession of photographs of a minor female engaged in sexually explicit conduct and with a violation of 18 U.S.C. § 2251(a), to wit, production of photographs depicting a minor female engaged in sexually explicit conduct (Docket No. 22). On even date, Ortiz-Graulau moved to dismiss the indictment against him, arguing that the statute…