Defendant’s child pornography conviction and sentence are affirmed, where 1) intrastate possession of child pornography may affect interstate commerce; 2) the prosecution had a strong case independent of the initial portions of an improperly admitted audiotape; and 3) 18 U.S.C. section 3559(e)(2) mandates a life sentence only for that specific subset of prior convictions under 18 U.S.C. section 1591 where the victim is a minor.
Read US v. Gallenardo, No. 07-30414
Appellate Information
Argued and Submitted February 2, 2009
Filed August 28, 2009
Judges
Opinion by Judge Rawlinson
Counsel
For Appellant:
Wendy Holton, Helena, MT
For Appellee:
Marcia Hurd, Assistant U.S. Attorney, Billings, MT
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