US v. Kincaid, No. 08-1953

Conviction for production and possession of child pornography is affirmed where: 1) defendant intentionally waived his right to challenge the constitutionality of the indictment against him as he was aware that he could challenge the constitutionality of the indictment on Commerce Clause grounds and made a conscious decision not to press the argument in district court proceedings; and 2) the indictment was not defective and its wording did not deprive defendant of the opportunity to prepare an adequate defense.

Read US v. Kincaid, No. 08-1953

Appellate Information
Appeal from the United States District Court for the Central District of Illinois.
Argued: January 7, 2009
Decided: July 2, 2009

Judges
Before POSNER, RIPPLE and ROVNER, Circuit Judges.
Opinion by RIPPLE, Circuit Judge.