US v. Bowers, No. 08-2412

Conviction of defendant for sexual exploitation of a child in the manufacture of child pornography and possession of child pornography is affirmed where: 1) district court properly denied defendant's motion to suppress as the private-citizen search that uncovered incriminating evidence did not violate the Fourth Amendment; 2) defendant's as-applied challenge under the Commerce Clause is meritless; and 3) after the Supreme Court's decision in Gonzales v. Raich, 545 U.S. 1 (2005), U.S. v. Corp, 236 F.3d 325 (6th Cir. 2001) is no longer the law of the Circuit.     

Read US v. Bowers, No. 08-2412

Appellate Information

Argued: January 21, 2010

Decided and Filed: February 8, 2010

Judges

Opinion by Circuit Judge Moore

Counsel

For Appellant:  Matthew C. Brown, Law Office

For Appellee:   Leonid Feller, Assistant US Attorney