United States v. Larry Bollinger, 2015 U.S. App. LEXIS 14542

Bollinger, an ordained minister, moved to Haiti in 2004 to oversee a large ministry, Village of Hope, and related facilities.
He admitted to sex addictions and sexually abused multiple underage girls in 2009 while in Haiti.
After return trips to the U.S., Bollinger received treatment and disclosed his conduct in therapy, including to a psychologist who reported the abuse.
A grand jury charged Bollinger in 2012 with two counts of illicit sexual conduct with a minor after traveling in foreign commerce under 18 U.S.C. § 2423(c) and (e).
The district court denied dismissal, Bollinger pled guilty conditionally, preserving appeal of the denial and the sentence; the district court later sentenced Bollinger to 25 years.
On appeal Bollinger argues § 2423(c) is unconstitutional under the Foreign Commerce Clause and that the sentence is unreasonable; the Fourth Circuit affirms on the Foreign Commerce Clause grounds and for reasonableness of sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 2423(c) falls within the Foreign Commerce Clause	Bollinger argues the statute criminalizes non-commercial conduct abroad, exceeding Congress’s foreign commerce power	The government contends § 2423(c) regulates channels/instrumentalities of foreign commerce or, alternatively, is valid under treaty-implementation power	Yes; § 2423(c) is constitutional under the Foreign Commerce Clause as regulating foreign commerce
Whether the sentence of 25 years is reasonable	Bollinger contends the sentence is too long given his age, rehabilitation, and deterrence considerations	The government argues the sentence reflects the gravity, abuse of trust, victims’ impact, and § 3553(a) factors	Yes; sentence is reasonable under the § 3553(a) framework

Lopez v. United States, 514 U.S. 549 (Supreme Court 1995) (established three categories of permissible federal regulation of interstate commerce; relevance to foreign commerce discussed)
Morrison v. United States, 529 U.S. 598 (Supreme Court 2000) (limits on federal power when activity is non-economic; discussion of federalism constraints)
Gibbons v. Ogden, 22 U.S. 1 (Supreme Court 1824) (definition of commerce as intercourse and breadth of regulatory power)
Curtiss-Wright Export Corp., 299 U.S. 304 (Supreme Court 1936) (foreign affairs plenary power and dual sovereignty framework for foreign commerce)
Japan Line, Ltd. v. County of Los Angeles, 441 U.S. 434 (Supreme Court 1979) (foreign commerce power has unique breadth not limited by federalism constraints in interstate cases)
Int’l Bancorp, LLC v. Societe des Bains de Mer et du Cercle des Etrangers a Monaco, 329 F.3d 359 (4th Cir. 2003) (foreign commerce clause requires its own interpretive framework; not bound by interstate tests)
United States v. Bredimus, 352 F.3d 200 (5th Cir. 2003) (upheld § 2423(b) under the foreign commerce framework and deference to Congress)
Kim v. United States, Not cited in opinion text for this summary (—) (not used)