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U.S. v. MALLOY

No. 08-4136.

568 F.3d 166 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Michael MALLOY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 28, 2009.

Attorney(s) appearing for the Case

ARGUED: Gary Eugene Bair, Bennett & Bair, LLC, Greenbelt, Maryland, for Appellant. Michael Joseph Leotta, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, Michele W. Sartori, Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge CONRAD and Judge SCHROEDER joined.

OPINION

DUNCAN, Circuit Judge:

Appellant Michael Malloy challenges his conviction and sentence under 18 U.S.C. § 2251(a) for producing a videotape of himself and another adult having sex with a 14 year-old girl ("S.G."). Among other issues, Malloy contends that the statute is constitutionally infirm unless we interpret it to incorporate a reasonable mistake of age defense. For the reasons that follow, we affirm Malloy's conviction and sentence.

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