United States of America, Plaintiff-appellee, v. Jerome Ruddell, Defendant-appellant, 2 F.3d 1159 (9th Cir. 1993)

MEMORANDUM^** 

Jerome Ruddell appeals his conviction, following a conditional guilty plea, for receiving child pornography in violation of 18 U.S.C. § 2252(a) (2). Ruddell contends, among other things, that section 2252 is facially unconstitutional in light of our decision in United States v. X-Citement Video, Inc., 982 F.2d 1285 (9th Cir. 1992).¹  We review de novo, see United States v. Martinez, 967 F.2d 1343, 1348 (9th Cir. 1992), and reverse.

We recently held that section 2252 is facially unconstitutional because it does not require knowledge of the minority of the performers as an element of the crime. See X-Citement Video, 982 F.2d at 1292-93. The government urges this panel to reconsider X-Citement Video. We decline this suggestion, however, because " 'a panel not sitting en banc has no authority to overturn Ninth Circuit precedent.' " United States v. Lucas, 963 F.2d 243, 247 (9th Cir. 1992) (quoting United States v. Aguilar, 883 F.2d 662, 690 n. 25 (9th Cir. 1989), cert. denied, 111 S. Ct. 751 (1991)). Therefore, Ruddell's conviction must be reversed. See id.² 

REVERSED.