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U.S. v. WOLK

No. 02-1179.

337 F.3d 997 (2003)

UNITED STATES of America, Appellee v. Alois Larry WOLK, Jr., also known as Larry Wolk, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2003.

Attorney(s) appearing for the Case

Mary Elizabeth Ott, argued, St. Louis, MO (J. Martin Hadican, on the brief), for appellant.

Carrie A. Costantin, argued, Asst. U.S. Atty., St. Louis, MO, for appellee.

Before RILEY, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Alois Larry Wolk, Jr. was convicted of one count of transporting child pornography (violating 18 U.S.C. § 2252A(a)(1)) and three counts of possessing child pornography (violating 18 U.S.C. § 2252A(a)(5)(B)). Wolk's primary argument on appeal is that the Supreme Court decision in Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002) requires the dismissal of his...

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