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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46420 Judge Sotomayor DEFENDANT APPEALED from a district court judgment denying his constitutional challenge to �2252A(a)(5)(B) of the Protection of Children Against Sexual Exploitation Act of 1977. Section 2252A criminalizes those who knowingly possess any material that contains an image of child pornography that has been mailed, shipped or transported in interstate or foreign commerce by any means. Defendant contended that federal criminalization of this activity by way of the materials-in-commerce prong oversteps Congress’ authority under the Commerce Clause. The U.S. Court of Appeals for the Second Circuit affirmed, finding �2252A(a)(5)(B) constitutional facially and as applied. The court cited United States v. Holston, in which it was determined that because most of the child pornography that concerned Congress is untraceable, Congress can prohibit local production that feeds the national market and stimulates demand, as that production substantially affects interstate commerce.

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