DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

032708P.pdf   04/07/2005  Jason Albert Becht  v.  United States
   U.S. Court of Appeals Case No:  03-2708
   District of Minnesota   
   [PUBLISHED] [Colloton, Author, with Lay and Benton, Circuit Judges]
   Prisoner case - habeas. Because an y reasonable jury considering the
   trial record would find that the pornographic materials leading to Becht's
   conviction depicted actual minors, he failed to establish prejudice from
   his appellate counsel's failure to challenge on direct appeal a jury
   instruction which was erroneous under Free Speech Coalition v. Ashcroft,
   which held the "appears to be" a depiction of a minor language in the
   Child Pornography Prevention Act of 1995 was unconstitutional.