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U.S. v. HILTON

No. 98-1513.

167 F.3d 61 (1999)

UNITED STATES of America, Appellant, v. David HILTON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Rehearing and Suggestion for Rehearing Denied March 1, 1999.

Attorney(s) appearing for the Case

F. Mark Terison, Assistant United States Attorney, with whom Jay P. McCloskey, United States Attorney, and Gail Fisk Malone, Assistant United States Attorney, were on brief for appellant.

Peter E. Rodway for appellee.

Lisa R. Green, Michael A. Bamberger, and Sonnenschein Nath & Rosenthal, for American Booksellers Foundation For Free Expression, Freedom To Read Foundation, International Periodical Distributors Association, Periodical and Book Association of America, Inc., Publishers Marketing Association, Video Software Dealers Association, General Media Communications, Inc.; R. Bruce Rich and Jonathan Bloom for Association of American Publishers, Inc., on brief for amici curiae.

Before BOUDIN, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 1, 1999.

BOWNES, Senior Circuit Judge.

In 1996, Congress enacted the Child Pornography Prevention Act (the "CPPA"), 18 U.S.C. § 2252A, to attack the rise of computerized or "virtual" child pornography. These images may take many forms—a photograph of a real child may be scanned and replicated, an innocent picture of a child may be manipulated by...

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