United States v. Mento

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge LUTTIG and Senior Judge WILLIAMS joined.

OPINION

KING, Circuit Judge:

Joseph H. Mentó, III, was convicted in the district court of possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). Mentó entered a guilty plea to the charge, reserving the right to appeal the lower court’s determination that the statute, as amended by the Child Pornography Protection Act of 1996 (“CPPA” or “the Act”), is constitutional on its face. The federal courts of appeals that have considered this issue are split on its proper…