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U.S. v. MAXWELL

No. 03-14326.

386 F.3d 1042 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. James MAXWELL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 1, 2004.

Attorney(s) appearing for the Case

Dionja L. Dyer and Mara Allison Guagliardo, Fed. Pub. Defenders, Tampa, FL, for Defendant-Appellant.

Susan Hollis Rothstein-Youakim, Tampa, FL, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and TJOFLAT and COX, Circuit Judges.

TJOFLAT, Circuit Judge:

A jury found James Maxwell guilty of two counts of knowingly possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B).1 As a jurisdictional element of the offense, the statute required the Government to prove that the child pornography, or at least the material that produced it, traveled in interstate commerce. At Maxwell's trial, the Government did...

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