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U.S. v. KALLESTAD

No. 98-51089.

236 F.3d 225 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Charles O. KALLESTAD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2000.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, Mark Howard Marshall, Asst. U.S. Atty., Austin, TX, for Plaintiff-Appellee.

Thomas M. Dawson, David V. Ayres (argued), Leavenworth, KS, for Defendant-Appellant.

Before REYNALDO G. GARZA, JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this 28 U.S.C. § 2255 case we consider a challenge to the constitutionality of 18 U.S.C. § 2252(a)(4)(B), which prohibits the possession of sexually explicit depictions of minors if those depictions or the materials used to produce them were shipped in interstate commerce.1 We are persuaded that Congress could rationally conclude that to regulate...

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