United States v. Sturm

I respectfully dissent. The majority concludes that the term “visual depiction” in 18 U.S.C. §§ 2252, 2252A (2006) refers to the “substantive content” of an image of child pornography. See Maj. Op. at 892-93. I disagree. Under the versions of the statutes applicable here, in my view, the term “visual depiction” refers to a particular item containing an image of child pornography that is received or possessed by a defendant. I agree with the majority that the challenges of the two defendants, Christopher Dayton and Kenneth Sturm, “implicate the Government’s burden of proving the interstate…