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).
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).
Comment