United States v. Blackwell

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 17, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20290
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN CLIFFORD BLACKWELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-181-1
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
John Clifford Blackwell appeals his guilty-plea conviction of
one count of producing child pornography and his resulting 116-
month prison sentence. Blackwell argues that the statute of
conviction, 18 U.S.C. § 2251(a), is an unconstitutional exercise of
Congress’ Commere Clause powers because it permits a conviction
when the only connection with interstate commerce is the fact that
the materials used to produce the offending images traveled in

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interstate commerce at some point in time. This argument is
unavailing. See United States v. Kallestad, 236 F.3d 225, 231 (5th
Cir. 2000). The judgment of the district court is AFFIRMED.

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