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U.S. v. U.S. DIST. COURT FOR CENT. DIST. OF CAL.

No. 88-7053.

858 F.2d 534 (1988)

UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, LOS ANGELES, CALIFORNIA, Respondent. Ronald Renee Kantor, Rupert Sebastian McNee and James Marvin Souter, Jr., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided September 29, 1988.

Attorney(s) appearing for the Case

Ronni B. MacLaren, Asst. U.S. Atty., Criminal Div., Los Angeles, Cal., and Janis Kockritz, U.S. Dept. of Justice, Washington, D.C., for petitioner.

John H. Weston, Cathy E. Crosson, Brown, Weston & Sarno, Beverly Hills, Cal., for real parties in interest.

Richard Green, ACLU Foundation of Southern California, Los Angeles, Cal., for American Civil Liberties Union of Southern California as amicus curiae.

Before CANBY, BEEZER and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge:

Defendants are charged with violating 18 U.S.C. § 2251(a) (Supp. IV 1986), which prohibits the production of materials depicting a minor engaged in sexually explicit conduct. We consider whether they may present evidence that they reasonably believed the minor in question was an adult.

Facts

The basic facts are uncontested. In 1984, defendant James Marvin Souter, Jr., a so-called...

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