United States v. X-Citement Video, Inc., United States of America v. Rubin Gottesman

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. X-CITEMENT VIDEO, INC., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rubin GOTTESMAN, Defendant-Appellant. Nos. 89-50556, 89-50562. United States Court of Appeals, Ninth Circuit. Jan. 5, 1996. Before: CANBY, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 The Supreme Court held that the term "knowingly" in 18 U.S.C. § 2252 (a) modifies the phrase "the use of a minor" in subsections (1)(A) and (2)(A) of that statute. United States v. X-Citement Video, Inc. 115 S.Ct. 464, 467, 472 (1994). The Court left it to us to decide whether the indictment in this case, which tracks the language of section 2252(a), "was fatally defective because it did not contain a scienter requirement on the age of minority." Id. at 472 . 3 An indictment that tracks the language of a statute is fatally defective if it omits an essential element of the…