United States v. James Edwin Smith

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Edwin SMITH, Defendant-Appellant. No. 92-16463. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Submission Withdrawn Nov. 9, 1994. Resubmitted Nov. 29, 1994. Decided Dec. 15, 1994. Before: BROWNING, TROTT, AND KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 James Edwin Smith appeals pro se the district court's denial of his motion pursuant to 28 U.S.C. Sec. 2255 to vacate, set aside, or correct his sentence and his motion for reconsideration. Additionally, Smith challenges the constitutionality of his conviction under 18 U.S.C. Sec. 2252 . We review the district court's decision de novo, United States v. Garfield, 987 F.2d 1424, 1426 (9th Cir.1993), and we affirm. BACKGROUND 3 In the fall of 1984, Smith took photographs of three teenage girls in various stages of nudity, and mailed the film from Hawaii to Maryland for development…