United States v. Bowers

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case requires us to address the continued viability of an as-applied Commerce Clause challenge to a child-pornography conviction under 18 U.S.C. § 2251(a) and 18 U.S.C. § 2252(a)(4)(B), following the Supreme Court’s decision in Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005). Because Raich makes clear that if a “general regulatory statute bears a substantial relation to commerce, the de minimis character of individual instances arising under that statute is of no consequence,” Raich, 545 U.S. at 17, 125 S.Ct. 2195 (internal…