en banc proceedings because "Congress amended [18 U.S.C. § 2252] in 2008, effectively broadening [its] jurisdictional language,” Maj. Op. at 599 n. 18, the fact remains that the statute, as currently written, continues to utilize the phrase "visual depiction.” Thus, Schaefer and the instant case will, until revisited and reversed by the entire court, continue to impact future child pornography prosecutions in this circuit. 10 . Although the government presented evidence of three other video images in support of the distribution charge, it is unnecessary for me to determine whether the government’s evidence sufficiently established that those images also traveled in interstate or foreign commerce. See Griffin v. United States, 502 U.S. 46, 56-57, 112 S.Ct. 466, 116 L.Ed.2d 371 (1991) (<HOLDING>) (internal quotation marks omitted). 11 .
holding that when an indictment charges several acts in the conjunctive  the verdict stands if the evidence is sufficient with respect to any one of the acts charged holding that when an indictment charges several acts conjunctively under a statute which subjects several alternative acts to the same punishment the government need only prove violation of one of the alleged acts to prove violation of the statute holding that for purposes of 18 usc  924c1 the law is well established that where an indictment charges in the conjunctive several means of violating a statute a conviction may be obtained on proof of only one of the means  holding although indictment may allege manner and means of committing offense in the conjunctive jury may be charged in the disjunctive and a conviction on any method alleged will be upheld if the evidence supports it holding that an indictment gave sufficient notice when the indictment charged the elements of the offense