I am questioning the underlying charge. My conduct was legal under state law. At that time (albeit it is different today), there was no federal law addressing the issues in my case. I was convicted based on conduct which the government felt was inappropriate. My position is that if I clubbed baby seals for fun (which I don't, I love animals), but if I did . . . even if my conduct was reprehensible, if it was not illegal, I should not be labeled a criminal. The law is an "is" . . . it is not a "should be." Recently a liberal federal judge invalidated a federal law against genital mutilation. As a father of a beautiful daughter I find GM totally depraved . . . but as Federal Judge Jack Weinstein once said - - "If the devil himself came into my courtroom I would follow the letter of the law."
In my case I believe the law was perverted based on the government and the courts' moral viewpoints. In the 9th Circuit my conviction would not have stood . . .