United States v. Jerry Ted Brown

SILER, Circuit Judge.

Defendant Jerry Ted Brown appeals the district court’s denial of his motion to dismiss the indictment charging him with receiving child pornography. He argues that the indictment should have been dismissed on the ground that the statute criminalizing the receipt of child pornography, 18 U.S.C. § 2252(a)(2), is unconstitutional because it lacks the necessary scienter element. For the reasons stated herein, we affirm the decision of the district court.

I

On July 1, 1992, authorities searched the residence of Michael Carr in Los Angeles, California. Carr, doing business as…