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U.S. v. STURM

Nos. 09-1386, 09-5022.

672 F.3d 891 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Dean STURM, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Christopher Adam Dayton, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 24, 2012.

Attorney(s) appearing for the Case

Kathleen A. Lord , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with her on the briefs), Denver, CO, for Appellant Sturm.

Michael G. McGuire , Attorney at Law, Tulsa, OK, for Appellant Dayton.

Judith A. Smith , Assistant United States Attorney, Denver, CO ( John F. Walsh , United States Attorney, District of Colorado, Denver, CO; Thomas Scott Woodward , United States Attorney, Northern District of Oklahoma and Leena Alam , Assistant United States Attorney, Tulsa, OK, with her on the briefs), for Appellee United States of America.

Before BRISCOE, Chief, Judge, HOLLOWAY, BALDOCK, KELLY, LUCERO, MURPHY, HARTZ, O'BRIEN, TYMKOVICH, GORSUCH, HOLMES, and MATHESON, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Appellant Christopher Adam Dayton was convicted of distributing and possessing child pornography, in violation of 18 U.S.C. § 2252(a)(2) and (a)(4)(B). Appellant Kenneth Dean Sturm was convicted of receiving and possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(B) and (a)(5)(B). Both Defendants argue the Government cannot prove the interstate commerce element of the crimes charged unless...

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