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Fourth Circuit· 5/28/2009

United States v. Malloy

Citations

  • 568 F.3d 166
  • 2009 U.S. App. LEXIS 11507
  • 2009 WL 1482594

How courts have described this case

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

  • recognizing that a defendant’s invocation of constitutional terms to challenge an inability to present particular evidence supporting a particular defense is “better framed as an evidentiary argument” and thus subject to abuse of discretion and regular harmlessness review
  • noting that because children depicted in child pornography frequently cannot be found, prosecutors must rely on pictures to show that subject is a minor and therefore prosecute those cases where the subject is “unmistakably a child”
  • collecting cases upholding the constitutionality of statutes regulating the intrastate production and possession of child pornography
  • noting constructive amendment occurs when indictment is altered to change elements of charged offense
  • rejecting an as-applied challenge to § 2251(a) based on the argument that Congress cannot regulate the production of child pornography that has a “‘null effect’ on the ‘national market for child pornography’”
  • no constructive amendment where trial court omitted indictment’s use of “knowingly” from jury instructions since knowledge was not an element of charged offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Duncan, Conrad, Western, Schroeder, Middle

Read full opinion on CourtListener

Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Malloy

18 other CourtListener records share this case name.

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.