Legal Opinion

United States v. James E. MacEwan

Court of Appeals for the Third Circuit

Decided April 5, 2006No. 05-1421PublishedCited by 105 opinions

1Opinion of the Court

ALDISERT, Circuit Judge.

This appeal primarily requires us to decide if the use of the Internet satisfies the interstate commerce element of the federal law prohibiting the receipt of child pornography, 18 U.S.C. § 2252A(a)(2)(B). 1 We hold that it does. The question is presented before this Court on defendant James E. MacEwan’s appeal from a judgment of conviction and sentence entered on January 31, 2005, in the United States District Court for the Eastern District of Pennsylvania. MacEwan was convicted on two counts of violating § 2252A(a)(2)(B) 2 and, as a repeat offender of the federal…

2Cases cited39 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. Atkins v. VirginiaSupreme Court of the United States · 2002

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3Cited by105 opinions

  1. United States v. IreyCourt of Appeals for the Eleventh Circuit · 2010
  2. United States v. Todd Tykarsky A/K/A Toddyty63 A/K/A Golpher12345Court of Appeals for the Third Circuit · 2006
  3. United States v. SutcliffeCourt of Appeals for the Ninth Circuit · 2007
  4. Teva Pharm. USA, Inc. v. SandhuDistrict Court, E.D. Pennsylvania · 2018
  5. United States v. WrightCourt of Appeals for the Ninth Circuit · 2010

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