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U.S. v. ADAMS

No. 02-50196.

343 F.3d 1024 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Michael ADAMS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2003.

Attorney(s) appearing for the Case

Kevin M. Bringuel, Federal Defenders of San Diego, San Diego, California, for the defendant-appellant.

Anne Kristina Perry, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before DONALD P. LAY, MICHAEL DALY HAWKINS, and RICHARD C. TALLMAN, Circuit Judges.

Submitted September 3, 2003.* Pasadena, California.

OPINION

TALLMAN, Circuit Judge.

In United States v. McCoy, 323 F.3d 1114 (9th Cir.2003), we entertained an "as applied" constitutional challenge to 18 U.S.C. § 2252(a)(4)(B) and held that Congress lacks the power under the Commerce Clause to criminalize the "simple intrastate possession of home-grown child pornography not...

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