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U.S. v. MATTHEWS

No. CR-02-S-549-M.

300 F.Supp.2d 1220 (2004)

UNITED STATES of America, v. Justin Wayne MATTHEWS, Defendant.

United States District Court, N.D. Alabama, Middle Division.

February 2, 2004.

Attorney(s) appearing for the Case

P. Russell Steen, Birmingham, AL, for defendant.

Alice H. Martin, U.S. Attorney, James E. Phillips, U.S. Attorney's Office, U.S. Marshal, United States Marshal's Office, U.S. Probation, United States Probation Office, Birmingham, AL, for United States of America.

MEMORANDUM OPINION

SMITH, District Judge.

This case is before the court on defendant's motion to reconsider his motion to dismiss the indictment.1 The motion challenges the authority of Congress to regulate intrastate possession of a home-made video tape depicting defendant engaged in sexual acts with a minor.

I. BACKGROUND

Justin Wayne Matthews made a video tape recording of himself engaged in various, consensual...

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