U.S. v. BOWERS

No. 08-2412.

594 F.3d 522 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Lee BOWERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 8, 2010.


Attorney(s) appearing for the Case

ARGUED: Matthew C. Brown, Law Office, Bloomfield Hills, Michigan, for Appellant. Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Matthew C. Brown, Law Office, Bloomfield Hills, Michigan, Timothy P. Flynn, Karlstrom Cooney, Clarkston, Michigan, for Appellant. Leonid Feller, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before MERRITT, MOORE, and GIBBONS, Circuit Judges.


OPINION

KAREN NELSON MOORE, Circuit Judge.

This case requires us to address the continued viability of an as-applied Commerce Clause challenge to a child-pornography conviction under 18 U.S.C. § 2251(a) and 18 U.S.C. § 2252(a)(4)(B), following the Supreme Court's decision in Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005). Because Raich makes clear that if a "general regulatory statute...

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