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, *363UCMJ, 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.