OXFORD, Miss. (WTVA) -- A federal judge has dismissed the appeal of a Tupelo man serving a federal prison sentence for creating child pornography.
Kerry Dewayne Stevens, 57, is currently serving 15 years without parole after pleading guilty to two counts of a federal indictment in February of 2004.
Stevens was arrested in August of 2003 after police were called to his home by a group of businessmen who were renting the home for the fall furniture market.
One of the men found images of child pornography on a computer disk in the home and, after showing it to another person there, called authorities.
Last month, Stevens will a motion to vacate the pleas and sentence because the statute which he was indicted under was unconstitutional.
He told the court he created the pornography for his own use and as such didn't violate "commercial, interstate, or economic elements to his offenses."
In denied the motion, the judge says the fact the camera used was manufactured outside the state and shipped in interstate commerce was sufficient to satisfy the requirements of the statute.
The judge dismissed with prejudice, barring Stevens from filing similar claims in the future.
Stevens is currently serving his sentence in the Yazoo Federal Corrections Institute.