Legal Opinion
United States v. Charles O. Kallestad
Court of Appeals for the Fifth Circuit
Decided December 19, 2000No. 98-51089PublishedCited by 71 opinions
1Opinion of the Court
*226PATRICK E. HIGGINBOTHAM,
Circuit Judge:
In this 28 U.S.C. § 2255 case we consider a challenge to the constitutionality of 18 U.S.C. § 2252(a)(4)(B), which prohibits the possession of sexually explicit depictions of minors if those depictions or the materials used to produce them were shipped in interstate commerce.1 We are persuaded that Congress could rationally conclude that to regulate a national market in child pornography it was necessary to regulate its local possession.
I
Government agents found a large number of nude photos and films of women, some of whom appeared to be minors, in…
2Cases cited25 opinions
- Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
- United States v. LopezSupreme Court of the United States · 1995
- Agostini v. FeltonSupreme Court of the United States · 1997
- United States v. BassSupreme Court of the United States · 1971
- United States v. MorrisonSupreme Court of the United States · 2000
20 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- United States v. RiccardiCourt of Appeals for the Tenth Circuit · 2005
- United States v. WillisCourt of Appeals for the Fifth Circuit · 2001
- United States v. Rhonda Anne McCoyCourt of Appeals for the Ninth Circuit · 2003
- United States v. Morales-De-JesusCourt of Appeals for the First Circuit · 2004
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Eric Kung-Shou Ho, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 2002
66 more not listed; retrieve them via the Exa API.