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U.S. v. GALO

No. 99-3870.

239 F.3d 572 (2001)

UNITED STATES of America, v. Andrew F. GALO, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 6, 2001.

Attorney(s) appearing for the Case

SHELLY STARK, ESQ. Federal Public Defender, W. PENN HACKNEY, ESQ. Asst. Federal Public Defender, KAREN SIRIANNI GERLACH, ESQ. Asst. Federal Public Defender, 415 Convention Tower 960 Penn Avenue, Pittsburgh, PA 15222, Attorneys for Appellant.

HARRY LITMAN, ESQ. United States Attorney, BONNIE R. SCHLUETER, ESQ. Asst. United States Attorney, MARY BETH BUCHANAN, ESQ. Asst. United States Attorney, 633 U.S. Post Office & Courthouse, Pittsburgh, PA 15219, Attorneys for Appellee.

BEFORE: GREENBERG and McKEE, Circuit Judges, and GARTH, Senior Circuit Judge.

OPINION OF THE COURT

McKEE, Circuit Judge.

Andrew Galo appeals the sentence that was imposed following his conditional plea of guilty to production of material depicting the sexual exploitation of children, in violation of 18 U.S.C. § 2251(a), and possession of material depicting the sexual exploitation of a minor, in violation of 18 U.S.C. § 2252(a)(4)(B). He argues that these statutes are unconstitutional per se, and as applied to him. He also...

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