United States v. Steven J. Launer

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven J. LAUNER, Defendant-Appellant. No. 92-50069. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Jan. 10, 1995. Memorandum Disposition Withdrawn on Grant of Rehearing July 28, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Steven J. Launer appeals the conviction imposed following his guilty plea to mailing child pornography in violation of 18 U.S.C. Sec. 2252 . Launer contends that his conviction is invalid because this court had held that 18 U.S.C. Sec. 2252 was facially unconstitutional because it lacked a scienter requirement. See United States v. X-Citement Video, 982 F.2d 1285 (9th Cir.1992). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . In light of the Supreme Court's recent decision in United States v. X-Citement Video, 63 U.S.L.W. 4019 (U.S. Nov. 29, 1994), reversing 982 F.2d 1285…