United States v. Foley
United States Court of Appeals for the Seventh Circuit
740 F.3d 1079 (2014)
- Written by Liz Nakamura, JD
Facts
Federal and state law enforcement officers searched David Foley’s (plaintiff) home pursuant to a search warrant and found two hard drives containing child-pornography images and videos produced by Foley. The two hard drives had been manufactured outside the United States. The federal government charged Foley with production of child pornography, arguing that the interstate-commerce element of the charge was satisfied because the two hard drives on which Foley stored the child pornography he produced were manufactured outside of the United States. Foley was convicted after a jury trial. Foley appealed, arguing that storage devices, like hard drives, were not part of the production of child pornography and could not satisfy the interstate-commerce element of a child-pornography-production charge. Foley further argued that only the camera equipment used to capture the child-pornography images could satisfy the interstate-commerce element.
Rule of Law
Issue
Holding and Reasoning (Hamilton, J.)
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