U.S. v. MENTO

No. 99-4813.

231 F.3d 912 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph H. MENTO, III, Defendant-Appellant. American Civil Liberties Union; American Civil Liberties Union of the National Capitol Area; American Civil Liberties Union Foundation, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: November 3, 2000.

Vacated and remanded April 22, 2002


Attorney(s) appearing for the Case

ARGUED: Alan Royce Lee Bussard, Towson, Maryland, for Appellant. Joseph Lee Evans, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

ON BRIEF: Lynne A. Battaglia, United States Attorney, Baltimore, Maryland, for Appellee. Dwight H. Sullivan, American Civil Liberties Union of Maryland, Baltimore, Maryland; Ann Beeson, American Civil Liberties Union Foundation, New York, New York; Arthur B. Spitzer, Stephen M. Block, American Civil Liberties Union of the National Capital Area, Washington, D.C., for Amici Curiae.

Before LUTTIG and KING, Circuit Judges, and Richard L. WILLIAMS, Senior, United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Judge KING wrote the opinion, in which Judge LUTTIG and Senior Judge WILLIAMS joined.

OPINION

KING, Circuit Judge:

Joseph H. Mento, III, was convicted in the district court of possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). Mento entered a guilty plea to the charge, reserving the right to appeal the lower court's determination that the statute, as amended by the Child Pornography Protection...

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