021179P.pdf   07/30/2003  USA  v.  Alois Wolk
   U.S. Court of Appeals Case No:  02-1179
   Eastern District of Missouri   
   Criminal case - criminal law. Claim that indictment was 
   constitutionally defective under Ashcroft v. Free Speech 
   Coalition, 534 U.S. 234 (2002) was not raised in the district 
   court and would be reviewed under the plain error doctrine; 
   while the indictment was defective under Ashcroft, defendant 
   could not establish that the error affected substantial rights, 
   as the evidence showed the children depicted in the pornography 
   were real, there was no claim their images were virtual and 
   defendant stipulated that the children were real; defendant's 
   statements were admissible as he was not in custody at the time 
   he made them and was not entitled to his Miranda warnings 
   before he made the statements; Batson challenge rejected; 
   district court did not err in imposing enhancement for 
   possession of sadistic materials as the images depicted 
   sadistic sexual behavior.