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U.S. v. GALLENARDO

No. 07-30414.

579 F.3d 1076 (2009)

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

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2009.

Attorney(s) appearing for the Case

Wendy Holton, Helena, MT, for appellant William Gallenardo.

Marcia Hurd, Assistant U.S. Attorney, Billings, MT, for appellee United States.

Before: RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and BRUCE S. JENKINS, District Judge.

RAWLINSON, Circuit Judge:

Appellant William Gallenardo (Gallenardo) was convicted of sexual exploitation of a child and possession of child pornography. Gallenardo contends that the district court erred in denying his motion to dismiss the indictment because his intrastate possession of child pornography cannot satisfy the requisite interstate commerce nexus for federal jurisdiction.

Additionally, Gallenardo challenges the district court's denial of his motion...

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