United States v. Allan C. Mugan

MURPHY, Circuit Judge.

Allan Mugan pled guilty to using a minor in sexually explicit conduct to produce child pornography, and he was sentenced by the district court 1 to 240 months. He appeals, contending that the intrastate production and possession of child pornography is beyond the reach of the Commerce Clause and cannot therefore be prosecuted by federal authorities even if the pornography was made with materials transported in interstate commerce. He argues in addition that the district court erred by refusing to allow him to withdraw his guilty plea, by enhancing his sentence two levels…