United States v. Bowersox

CCA 20100580. Review granted on the following issue:

WHETHER APPELLANT’S CONVICTION OF VIOLATING 18 U.S.C. 1466A(b)(l), AS IMPORTED THROUGH CLAUSE 3 OF ARTICLE 134, UCMJ, IS UNCONSTITUTIONAL AS APPLIED TO HIM BECAUSE THE MINORS DEPICTED IN THE MATERIAL AT ISSUE WERE NOT ACTUAL MINORS. SEE ASHCROFT v. FREE SPEECH COALITION, 535 U.S. 234 (2002); UNITED STATES v. WHORLEY, 550 F.3d 326 (4th Cir. 2008).

Briefs will be file under Rule 25.