United States v. Joseph Rodia

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal requires us once again to determine, in the wake of United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), the constitutionality of a statute criminalizing an activity that is not directly linked to interstate commerce. The precise question before us is whether it was within Congress’s power under the Commerce Clause to enact 18 U.S.C. § 2252(a)(4)(B), which imposes criminal liability on individuals who possess child pornography that has not itself traveled in interstate commerce as long as one of the materials from…