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GILMOUR v. ROGERSON

No. 96-2027.

117 F.3d 368 (1997)

Gary C. GILMOUR, Petitioner-Appellant, v. Rusty ROGERSON, Warden, Iowa Medical Classification Center; Thomas Miller, Attorney General of the State of Iowa, Respondents-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1997.

Rehearing and Suggestion for Rehearing Denied September 4, 1997.

Attorney(s) appearing for the Case

Gary K. Koos, Davenport, IA, argued, for petitioner-appellant.

Thomas D. McGrane, Assistant Attorney General, Des Moines, IA, argued, for respondents-appellees.

Before LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and GUNN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 4, 1997.*

LOKEN, Circuit Judge.

In New York v. Ferber, 458 U.S. 747, 765, 102 S.Ct. 3348, 3358-59, 73 L.Ed.2d 1113 (1982), the Supreme Court upheld a broad child pornography statute but cautioned that, "[a]s with obscenity laws, criminal responsibility may not be imposed without some element of scienter on the part of the defendant...

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