Defendant's child pornography conviction and sentence are affirmed, where 1) intrastate possession of child pornography may affect interstate commerce; 2) the prosecution had a strong case independent of the initial portions of an improperly admitted audiotape; and 3) 18 U.S.C. section 3559(e)(2) mandates a life sentence only for that specific subset of prior convictions under 18 U.S.C. section 1591 where the victim is a minor.
Argued and Submitted February 2, 2009
Filed August 28, 2009
Opinion by Judge Rawlinson
Marcia Hurd, Assistant U.S. Attorney, Billings, MT