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United States v. McGuire

627 F.3d 622 (2010)

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United States v. McGuire

United States Court of Appeals for the Seventh Circuit

627 F.3d 622 (2010)

Facts

Donald McGuire was a Jesuit priest, based in Illinois, who led religious retreats in the United States and abroad for decades. McGuire had broad discretion to choose the location, timing, and frequency of the retreats. Over the years, McGuire recruited a series of young boys to work as his assistants and always took his current underage assistant with him when he traveled to a retreat. McGuire sexually abused his underage assistants during the trips. In 1991, McGuire’s religious order became suspicious of his activities and banned him from travelling with boys under the age of 18. Despite the suspicions, McGuire was not defrocked until 2008. Regardless of the 1991 ban, McGuire continued to employ underage boys as his assistants and continued to travel with and sexually abuse his underage assistants. The federal government charged McGuire under 18 U.S.C. § 2423(b), arguing that McGuire travelled in interstate and international commerce for the purpose of having sexual relations with underage boys. McGuire was convicted and sentenced to 25 years in prison. McGuire appealed, arguing that, although he did have sex with minors while on his retreats, he could not be convicted under Section 2423(b) because he did not travel to the retreats for the sole purpose of having sex with minors.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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