US v. Clark, No. 08-10461 - Criminal Law - U.S. Fifth Circuit
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US v. Clark, No. 08-10461

Defendant's conviction for importation of an alien for prostitution in violation of 18 U.S.C. section 1328 is affirmed where: 1) the overbreadth doctrine was applicable only to First Amendment challenges, and section 1328 did not even arguably implicate First Amendment rights; 2) section 1328 did not reach a substantial amount of constitutionally protected conduct; 3) the statute was not vague as applied to defendant's conduct; and 4) the jury instructions did not leave the jury with unfettered discretion to convict based on its own views of sexual morality.

Read US v. Clark, No. 08-10461

Appellate Information

Filed September 10, 2009

Judges

Opinion by Judge Smith