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· 4/5/2006

United States v. James E. MacEwan

Citations

  • 445 F.3d 237
  • 2006 U.S. App. LEXIS 8237
  • 2006 WL 861184

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the defendant’s mandatory minimum term of fifteen years’ imprisonment was not grossly disproportionate to his offense
  • noting that the appellant bears the burden of proving that a punishment is unduly harsh compared to a crime
  • explaining that this Court “defer[s] to the findings made by Congress” in assessing the gravity of child pornography
  • holding that the internet qualifies as an instrumentality and channel of interstate commerce, and that the defendant’s download of child pornography from the internet fell within the first two prongs of Lopez, regardless of whether the images were produced out of state
  • asking \whether downloading an image of child pornography from the Internet [] involves the receipt of something transported in interstate commerce\
  • asking “whether downloading an image of child pornography from the Internet [] involves the receipt of something transported in interstate commerce”

Source: CourtListener parenthetical corpus (CC0).

Judges: Roth, Aldisert, Rodriguez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.