Legal Opinion

United States v. Malloy

Court of Appeals for the Fourth Circuit

Decided May 28, 2009No. 08-4136PublishedCited by 79 opinions

1Opinion of the Court

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge CONRAD and Judge SCHROEDER joined.

OPINION

DUNCAN, Circuit Judge:

Appellant Michael Malloy challenges his conviction and sentence under 18 U.S.C. § 2251(a) for producing a videotape of himself and another adult having sex with a 14 year-old girl (“S.G.”). Among other issues, Malloy contends that the statute is constitutionally infirm unless we interpret it to incorporate a reasonable mistake of age defense. For the reasons that follow, we affirm Malloy’s conviction and sentence.

I

In October 2005, Malloy’s friend, Aaron…

2Cases cited26 opinions

  1. Harmelin v. MichiganSupreme Court of the United States · 1991
  2. Morissette v. United StatesSupreme Court of the United States · 1952
  3. New York v. FerberSupreme Court of the United States · 1982
  4. United States v. WilliamsSupreme Court of the United States · 2008
  5. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994

21 more not listed; retrieve them via the Exa API.

3Cited by79 opinions

  1. United States v. Shawn EngleCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. AshleyCourt of Appeals for the Fourth Circuit · 2010
  3. United States v. ReingoldCourt of Appeals for the Second Circuit · 2013
  4. United States v. Ronald MiltierCourt of Appeals for the Fourth Circuit · 2018
  5. United States v. HagerCourt of Appeals for the Fourth Circuit · 2013

74 more not listed; retrieve them via the Exa API.

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