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U.S. v. MORALES-DE JESUS

No. 02-2695.

372 F.3d 6 (2004)

UNITED STATES of America, Appellee, v. Elvin Tomás MORALES-DE JESÚS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Juan Matos-de-Juan, with whom Joseph C. Laws, Jr., Federal Public Defender, and Maria T. Arsuaga, Assistant Federal Public Defender, were on brief, for appellant.

Nelson Pérez-Sosa, Assistant U.S. Attorney, with whom H.S. Garcia, U.S. Attorney, and Sonia I. Torres-Pabón, Assistant U.S. Attorney, were on brief, for appellee.

Before LYNCH and LIPEZ, Circuit Judges, and OBERDORFER, Senior District Judge.

LIPEZ, Circuit Judge.

Elvin Tomás Morales-De Jesús ("Morales") was convicted by a jury of violating 18 U.S.C. § 2251(a) for using materials mailed, shipped, and transported in interstate or foreign commerce to produce a video recording of his sexually explicit encounters with a minor. On appeal, he argues that 18 U.S.C. § 2251(a), facially and as applied, is an unconstitutional exercise of Congress's Commerce...

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