United States v. Sheldon, No. 12-30324 (9-19-13)(Clifton with Hawkins and McKeown).


Affirming a conviction for sexual exploitation of a child and receiving child does NOT require the government to prove that the defendant knew the materials traveled in interstate commerce. The government only has to prove beyond a reasonable doubt that the child porn was produced with (1) the intent it travel interstate; (2) with materials that traveled interstate; or (3) has traveled in interstate commerce. The 9th joins the 5th and 11th in so holding. The 9th also held that the prior conviction of possession of child porn was properly admitted; and evidence was also sufficient to uphold the conviction.