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U.S. v. PLIEGO

No. 08-3288.

578 F.3d 938 (2009)

UNITED STATES of America, Appellee, v. Refugio Gadea PLIEGO, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2009.

Attorney(s) appearing for the Case

Douglas Olson, AFPD, argued, Minneapolis, MN, for appellant.

Tracy Lynne Perzel, AUSA, argued, Carol M. Kayser, AUSA, on the brief, Minneapolis, MN, for appellee.

Before SMITH, and SHEPHERD, Circuit Judges, and LIMBAUGH, District Judge.

SMITH, Circuit Judge.

Refugio Gadea Pliego was convicted of producing child pornography, in violation of 18 U.S.C. § 2251(a) and (e), for secretly videotaping a sexual encounter he had with a 14-year-old boy. On appeal, Pliego argues that (1) there was insufficient evidence to support the jury's determination that he produced child pornography using materials that had traveled in interstate or foreign commerce; (2) the district court2

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