United States v. Jeronimo-Bautista

SEYMOUR, Circuit Judge.

Virgilio Jeronimo-Bautista was indicted, in part, for coercing a minor to engage in sexually explicit conduct “for the purpose of producing visual depictions of such conduct ... using materials that have been ... transported in interstate and foreign commerce,” in violation of 18 U.S.C. § 2251(a). The district court dismissed the charge, concluding that as applied to Mr. Jeronimo-Bautista, § 2251(a) exceeded Congress’ authority under the Commerce Clause. United States v. Jeronimo-Bautista, 319 F.Supp.2d 1272 (D.Utah 2004). The government appeals, and we reverse.

I

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