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gkremen · 08-08-2004, 02:33 PM

LEXSEE 139 F.3D 804

SUNDANCE ASSOCIATES, INC., a Colorado corporation, Plaintiff-Appellee, v. JANET RENO, Attorney General of the United States, in her official capacity only; UNITED STATES DEPARTMENT OF JUSTICE, Defendants-Appellants.

No. 96-1501

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

139 F.3d 804; 1998 U.S. App. LEXIS 5720; 26 Media L. Rep. 1564; 1998 Colo. J. C.A.R. 1415

March 23, 1998, Filed
PRIOR HISTORY: [**1] Appeal from the United States District Court for the District of Colorado. (D.C. No. 95-N-2592). D.C. Judge EDWARD W. NOTTINGHAM.

DIShahahahahahahahahaha District court's decision AFFIRMED; remanded to the district court.

LexisNexis(R) Headnotes

COUNSEL: Arthur M. Schwartz (Michael W. Gross, Cindy D. Schwartz, and Gary M. Kramer, with him on the brief) of Arthur M. Schwartz, P.C., Denver, Colorado, for Plaintiff-Appellee.

Anne M. Lobell (Jacob M. Lewis with her on the briefs), United States Department of Justice, Washington, D.C., for Defendants-Appellants.

JUDGES: Before BALDOCK and BRORBY, Circuit Judges, and BROWN, * District Judge.

* The Honorable Wesley E. Brown, Senior District Judge, District of Kansas, sitting by designation.

OPINIONBY: BRORBY

OPINION: [*805] BRORBY, Circuit Judge.
The Attorney General and the United States Department of Justice ("the government") appeal the United States District Court for the District of Colorado's award of summary judgment for Sundance Associates ("Sundance"), holding 28 C.F.R. § 75.1(c)(4)(iii) is an invalid implementation of 18 U.S.C. § 2257. This court assumes jurisdiction pursuant to 28 U.S.C. § 1291 and affirms.
Concerned about the exploitation of children by pornographers, Congress enacted the [**2] Child Protection and Obscenity Enforcement Act of 1988, Pub. L. No. 100-690, Title VII, § 7513(a), 102 Stat. 4187, 4485-4503 (significantly amended by the Child Protection Restoration and Penalties Enhancement Act of 1990, Pub. L. No. 101-647, Title III, § § 301(b), 311, 104 Stat. 4808, 4816-17) to require producers of sexually explicit matter to maintain certain records concerning the performers n1 that might help law enforcement agencies monitor the industry. See 18 U.S.C. § 2257. Violations of these record keeping requirements are criminal offenses punishable by imprisonment for up to two [*806] years for first-time offenders and up to five years for repeat offenders. n2 See 18 U.S.C. § 2257(i).

08-08-2004, 02:33 PM
gkremen Confirmed User Industry Role: Join Date: Feb 2003 Location: With Seth W. in Thailand Posts: 368	Actual 2257 definative case law LEXSEE 139 F.3D 804 SUNDANCE ASSOCIATES, INC., a Colorado corporation, Plaintiff-Appellee, v. JANET RENO, Attorney General of the United States, in her official capacity only; UNITED STATES DEPARTMENT OF JUSTICE, Defendants-Appellants. No. 96-1501 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT 139 F.3d 804; 1998 U.S. App. LEXIS 5720; 26 Media L. Rep. 1564; 1998 Colo. J. C.A.R. 1415 March 23, 1998, Filed PRIOR HISTORY: [*1] Appeal from the United States District Court for the District of Colorado. (D.C. No. 95-N-2592). D.C. Judge EDWARD W. NOTTINGHAM. DIShahahahahahahahahaha District court's decision AFFIRMED; remanded to the district court. LexisNexis(R) Headnotes COUNSEL: Arthur M. Schwartz (Michael W. Gross, Cindy D. Schwartz, and Gary M. Kramer, with him on the brief) of Arthur M. Schwartz, P.C., Denver, Colorado, for Plaintiff-Appellee. Anne M. Lobell (Jacob M. Lewis with her on the briefs), United States Department of Justice, Washington, D.C., for Defendants-Appellants. JUDGES: Before BALDOCK and BRORBY, Circuit Judges, and BROWN, District Judge. * The Honorable Wesley E. Brown, Senior District Judge, District of Kansas, sitting by designation. OPINIONBY: BRORBY OPINION: [805] BRORBY, Circuit Judge. The Attorney General and the United States Department of Justice ("the government") appeal the United States District Court for the District of Colorado's award of summary judgment for Sundance Associates ("Sundance"), holding 28 C.F.R. § 75.1(c)(4)(iii) is an invalid implementation of 18 U.S.C. § 2257. This court assumes jurisdiction pursuant to 28 U.S.C. § 1291 and affirms. Concerned about the exploitation of children by pornographers, Congress enacted the [2] Child Protection and Obscenity Enforcement Act of 1988, Pub. L. No. 100-690, Title VII, § 7513(a), 102 Stat. 4187, 4485-4503 (significantly amended by the Child Protection Restoration and Penalties Enhancement Act of 1990, Pub. L. No. 101-647, Title III, § § 301(b), 311, 104 Stat. 4808, 4816-17) to require producers of sexually explicit matter to maintain certain records concerning the performers n1 that might help law enforcement agencies monitor the industry. See 18 U.S.C. § 2257. Violations of these record keeping requirements are criminal offenses punishable by imprisonment for up to two [806] years for first-time offenders and up to five years for repeat offenders. n2 See 18 U.S.C. § 2257(i). __________________ ICQ 153288107 Contact us at: http://www.grantmedia.com/contact/adteam.html to purchase country specific traffic on a per click, no fraud basis! No need to get Iran and China traffic when you can get it from Google or other of our partners