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United States v. Hoggard

254 F.3d 744 (2001)

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United States v. Hoggard

United States Court of Appeals for the Eighth Circuit

254 F.3d 744 (2001)

Facts

Roy Hoggard (defendant) was pulled over for speeding. With Hoggard’s consent, the police officer who stopped him searched Hoggard’s trunk and the small safe stored within the trunk, which Hoggard opened for the officer. In the safe, the officer found photographs of Hoggard’s wife engaging in explicit sexual conduct with Hoggard’s minor children. The federal government (plaintiff) charged and convicted Hoggard under Section 2251(b) of the United States Code for permitting his minor children to engage in sexually explicit conduct for the purpose of creating visual depictions of that conduct. It was undisputed that Hoggard took the lewd photographs of his wife and children and that the film and camera Hoggard used to take the lewd images had travelled in interstate commerce prior to being employed in Hoggard’s child-pornography endeavors. The district court sentenced Hoggard to 30 years in prison. Hoggard appealed, arguing that (1) the photographs found in the safe in Hoggard’s car should have been suppressed because the search of the safe was unlawful; and (2) Section 2251(b) was unconstitutional because it exceeded Congress’s powers under the Commerce Clause.

Rule of Law

Issue

Holding and Reasoning (Arnold, J.)

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