United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 17, 2004
Charles R. Fulbruge III
Clerk
No. 04-30380
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RANDY KEITH COLBURN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CR-60038-ALL
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Randy Keith Colburn pleaded guilty to count one of an
indictment charging him with production of child pornography in
violation of 18 U.S.C. § 2251(a). Colburn contends for the first
time on appeal that Congress exceeded its authority under the
Commerce Clause to the extent that 18 U.S.C. § 2251(a)
criminalizes the taking of Polaroid photographs of minors engaged
in sexually explicit conduct, where the sole connection to
interstate commerce is the out-of-state manufacture of the camera
and film. Colburn concedes that this issue is foreclosed by our
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-30380
-2-
opinion in United States v. Kallestad, 236 F.3d 225, 231–33 (5th
Cir. 2000). He seeks to preserve the issue for Supreme Court
review.
AFFIRMED.