U.S. v. Smith, No. 03-13639 (11th Cir.) (402 F.3d 1303) (March 18, 2005) (Judge Gerald B. Tjoflat)
Relying heavily on its decision in U.S. v. Maxwell, 386 F.3d 1042 (11th Cir. 2004) (P&J, 09/13/04), the Eleventh Circuit held that the defendant’s purely intrastate, non-commercial production and possession of child pornography was not subject to Commerce Clause regulation. Accordingly, the Court reversed the defendants convictions for child pornography …
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