United States v. Rodney Skinner

KEITH, Circuit Judge.

Defendant-Appellant Rodney Skinner (“Skinner”) appeals his conviction and sentence following a guilty plea to possession and distribution of obscene matter in violation of 18 U.S.C. §§ 1466 and 2. Skinner argues § 1466 contains an unconstitutional presumption and he also argues § 1466 is unconstitutionally vague. First, because Skinner lacks standing to challenge the presumption, we decline to reach the merits of that allegation. Next, because we find the charging statute is not impermissibly vague, we AFFIRM Skinner’s convictions.

I. Facts

In September 1989, a federal…