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Argued: May 9, 2000

OPINION OF THE COURT

Andrew Galo appeals the sentence that was imposed following his conditional plea of guilty to pr oduction of material depicting the sexual exploitation of childr en, in violation of 18 U.S.C. S 2251(a), and possession of material depicting the sexual exploitation of a minor , in violation of 18 U.S.C. S 2252(a)(4)(B). He argues that these statutes are unconstitutional per se, and as applied to him. He also challenges the district court’s use of his prior state court convictions to enhance his sentence and impose a mandatory minimum sentence of 15 years imprisonment. We hold that Congress validly exer cised its authority under the Commerce Clause in enacting SS 2251(a) and 2252(a)(4)(B), and that those statutes are not unconstitutional as applied to Galo. We do, however, agree that the sentencing court erred in enhancing his sentence based upon his prior state court convictions, and we will therefore remand for resentencing.

 
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