United States v. Steven Michael Adams

OPINION

TALLMAN, Circuit Judge.

In United States v. McCoy, 328 F.3d 1114 (9th Cir.2003), we entertained an “as applied” constitutional challenge to 18 U.S.C. § 2252(a)(4)(B) and held that Congress lacks the power under the Commerce Clause to criminalize the “simple intrastate possession of home-grown child pornography not intended for distribution or exchange.” 323 F.3d at 1122-23. Now we must answer the question left undecided in McCoy: whether 18 U.S.C. § 2252(a)(4)(B), on its face, is an unconstitutional exercise of congressional power. We hold that it is not.

We also hold that the definition…