United States v. Colburn

U.S. Court of Appeals for the Fifth Circuit
United States v. Colburn, 115 F. App'x 297 (5th Cir. 2004)

United States v. Colburn

Opinion

PER CURIAM: *

Randy Keith Colburn pleaded guilty to count one of an indictment charging him with production of child pornography in violation of 18 U.S.C. § 2251(a). Colburn contends for the first time on appeal that Congress exceeded its authority under the Commerce Clause to the extent that 18 U.S.C. § 2251(a) criminalizes the taking of Polaroid photographs of minors engaged in sexually explicit conduct, where the sole connection to interstate commerce is the out-of-state manufacture of the camera and film. Colburn concedes that this issue is foreclosed by our opinion in United States v. Kallestad, 236 F.3d 225, 231-33 (5th Cir. 2000). He seeks to preserve the issue for Supreme Court review.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Randy Keith COLBURN, Defendant-Appellant
Status
Unpublished