United States v. Burdulis

KAYATTA, Circuit Judge.

Paul Burdulis was convicted of possessing child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) after the police found such pornography on a thumb drive (a kind of data storage device) in his home. To show that the pornography was “produced using materials which have been ... shipped or transported” in interstate commerce, as required by the statute, the prosecution relied solely on an inscription on the thumb drive stating, “Made in China.” We agree with the district court that copying pornography onto a thumb drive is “producing]” pornography under the statute,…