U.S. v. FISCUS

No. 2:99CR627C, 2:99CR87C.

193 F.Supp.2d 1233 (2001)

UNITED STATES of America, Plaintiff, v. Robert Wayne FISCUS, Defendant. and United States of America, Plaintiff, v. Richard Barney, Defendant.

United States District Court, D. Utah, Central Division.

April 12, 2001.


Attorney(s) appearing for the Case

James C. Bradshaw, Brown, Bradshaw, Anderson & Moffat LLP, Salt Lake City, UT, for Defendant.

Elizabethanne C. Stevens, U.S. Atty's Office, for U.S.


ORDER

CAMPBELL, District Judge.

Grand juries have indicted Defendants Robert Wayne Fiscus and Richard Barney under 18 U.S.C. § 2252A(a)(5)(B) for the knowing possession of images of child pornography that had been shipped, mailed, and/or transported in interstate and/or foreign commerce.1 This matter comes before the court on Fiscus's and Barney's motions to dismiss on the grounds that § 2252A is unconstitutional.<...

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