LETIZIA

v.

NEW YORK

Citator

Cited By

• United States v. X-Citement Video, Inc., 513 U.S. 64 (U.S. 1994)
  …*67] requirement and was unconstitutional as applied because the tapes at issue were not child pornography. The Ninth Circuit remanded to the District Court for reconsideration in light of United States v. Thomas, 893 F. 2d 1066 (CA9), cert. denied, 498 U. S. 826 (1990). In that case, the Ninth Circuit had held §2252 did not contain a scienter requirement, but had not reached the constitutional questions. On remand, the District Court refused to set aside the judgment of conviction. On appeal for the second…

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• United States v. X-Citement Video, Inc., 982 F.2d 1285 (9th Cir. 1992)
  …ration and ordered him to pay a $100,000 fine. After he had filed a notice of appeal to this court, Gottesman requested a remand to the district court for reconsideration in light of United States v. Thomas, 893 F. 2d 1066 (9th Cir.), cert. denied, 498 U.S. 826, 111 S.Ct. 80, 112 L.Ed.2d 53 (1990), which we granted. Gottesman then asserted before the district court, first, that Thomas had ruled that section 2252 lacked a requirement that a defendant know that he is distributing or shipping child pornograph…

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• United States v. Eastland, 989 F.2d 760 (5th Cir. 1993)
  …— U.S. -, 111 S.Ct. 790, 112 L.Ed.2d 852 (1991); United States v. Butler, 895 F. 2d 1016, 1018 (5th Cir.1989) (considered entire 38 pound mixture of lye water even though it contained only seven to 14 grams of a controlled substance), cert. denied, 498 U.S. 826, 111 S.Ct. 82, 112 L.Ed.2d 54 (1990); United States v. Baker, 883 F. 2d 13, 15 (5th Cir.), cert. denied, 493 U.S. 983, 110 S.Ct. 517, 107 L.Ed.2d 518 (1989) (considered 40 pound liquid even though most was waste material). . The case before us is f…