U.S. v. MUGAN

No. 03-4074.

394 F.3d 1016 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Allan C. MUGAN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 12, 2005.


Attorney(s) appearing for the Case

Anne M. Laverty, argued, Cedar Rapids, IA, for appellant.

Sean R. Berry, argued, Assistant U.S. Attorney, Cedar Rapids, IA, for appellee.

Before MURPHY, HEANEY and BEAM, Circuit Judges.


MURPHY, Circuit Judge.

Allan Mugan pled guilty to using a minor in sexually explicit conduct to produce child pornography, and he was sentenced by the district court1 to 240 months. He appeals, contending that the intrastate production and possession of child pornography is beyond the reach of the Commerce Clause and cannot therefore be prosecuted by federal authorities even if the pornography was made with materials transported in interstate...

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