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U.S. v. KELLY

No. 02-2064.

314 F.3d 908 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. George KELLY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 3, 2003.

Attorney(s) appearing for the Case

Markus Funk (argued), Office of the U.S. Atty., Crim. Div., Chicago, IL, for Plaintiff-Appellee.

Allan Ackerman (argued), Chicago, IL, Stephen M. Komie, Komie & Associates, Chicago, IL, for Defendant-Appellant.

Before RIPPLE, ROVNER and DIANE P. WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

In April 2002, George Kelly was convicted of one count of possession of child pornography, 18 U.S.C. § 2252A(a)(5)(B). On appeal, he contends that the district court lacked subject matter jurisdiction to convict him because the child pornography statute was declared unconstitutional in Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002). We disagree. Free Speech...

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