U.S. v. Porter

Defendant was convicted on ten counts of receipt, possession, and production of child pornography and he pleaded guilty to three counts on the condition that he reserved the right to challenge on appeal whether the conduct he admitted to qualified under 18 U.S.C. § 2251(a). Defendant specifically argued on appeal that he did not “use” the minors or record them engaged in “sexually explicit conduct” under the statute. He also argued that the district court incorrectly calculated his offense level at sentencing. The Seventh Circuit disagreed and affirmed, finding that defendant’s conduct was within the scope of the statute and that his arguments were foreclosed by prior precedent. (PRYOR and KOLAR, concurring)