United States v. Jeronimo-Bautista

425 F.3d 1266 (2005)

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United States v. Jeronimo-Bautista

United States Court of Appeals for the Tenth Circuit
425 F.3d 1266 (2005)

AR

Facts

Virgilio Jeronimo-Bautista (defendant) was indicted for coercing a minor to engage in sexually explicit activity for the purpose of making child pornography. The indictment charged Jeronimo-Bautista with violating the federal Sexual Exploitation of Children Act. Jeronimo-Bautista challenged the charge, arguing that Congress could not regulate child pornography that was completely produced intrastate. All of Jeronimo-Bautista’s acts occurred intrastate, and no images were stored on the Internet or sent across state lines. The district court dismissed the charge, finding that Congress could not regulate intrastate child pornography. The government appealed.

Rule of Law

Issue

Holding and Reasoning (Seymour, J.)

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