United States v. Parton, No. 13-12612 (11th Cir. 2014)
Annotate this CaseDefendant was convicted under 18 U.S.C. 2251(a) for employing, using, persuading, inducing, enticing, and coercing a minor child to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. The visual depictions had been mailed, shipped, and transported in and affecting interstate and foreign commerce. On appeal, defendant asked the court to overrule its prior, binding precedent in United States v. Smith. The court concluded that the Supreme Court in National Federation of Independent Business v. Sebelius said nothing to abrogate its holding in Gonzales v. Raich to the effect that Congress has the power, as part of a comprehensive regulation of economic activity, to regulate purely local activities that are part of an economic "class of activities" that have a substantial effect on interstate commerce. Sebelius said nothing to abrogate the holdings of this court in Smith and United States v. Maxwell, which closely followed the rationale of Raich. Accordingly, the court affirmed the judgment of the district court.
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