Travel with Intent to Engage in Illicit Sexual Conduct Conviction Affirmed
In US v. Weingarten, No. 09-2043, the court reversed Defendant's conviction for travel with intent to engage in illicit sexual conduct where travel by a U.S. citizen between two foreign countries absent any territorial nexus to the U.S., did not constitute "travel in foreign commerce" within the meaning of 18 U.S.C. section 2423(b).
As the court wrote: "Defendant-Appellant Israel Weingarten ("Weingarten") appeals from a May 8, 2009, judgment of the United States District Court for the Eastern District of New York (Gleeson, J.), sentencing him to a total of 30 years' imprisonment and three years' supervised release following his conviction by a jury on two counts of transportation of a minor with intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a), and three counts of travel with intent to engage in illicit sexual conduct, in violation of 18 U.S.C. § 2423(b). Weingarten was sentenced to ten years' imprisonment on each of the five counts, with the sentences pursuant to the first three counts-the two counts under § 2423(a) and the first count under § 2423(b)-to run consecutively, and the sentences pursuant to the remaining two counts to run concurrently with each other and with those under the first three counts."
- Read the Ninth Circuit's Decision in US v. Weingarten, No. 09-2043