United States v. Pendleton

658 F.3d 299 (2011)

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United States v. Pendleton

United States Court of Appeals for the Third Circuit
658 F.3d 299 (2011)

  • Written by Liz Nakamura, JD

Facts

Thomas Pendleton (plaintiff) travelled to Germany from the United States. Six months later, Pendleton sexually molested a 15-year-old boy in violation of German law and served 19 months in a German prison. Pendleton’s abuse of the boy was not pursuant to a commercial transaction. After Pendleton returned to the United States, he was charged with engaging in noncommercial illicit sexual relations with a minor while traveling abroad in violation of 18 U.S.C § 2423(c). Pendleton moved to dismiss, arguing that Section 2423(c) was facially unconstitutional because it exceeded Congress’s regulatory powers under the Foreign Commerce Clause. The trial court denied Pendleton’s motion, holding that Section 2423(c) was a valid exercise of Congress’s Foreign Commerce Clause powers because it regulated the channels of foreign commerce. After a jury trial, Pendleton was convicted and sentenced to 30 years in prison. Pendleton appealed.

Rule of Law

Issue

Holding and Reasoning (Hardiman, J.)

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