United States v. Pendleton
2011 U.S. App. LEXIS 18565
3rd Cir.2011Background
- Pendleton traveled from New York to Germany where he engaged in illicit sexual conduct with a minor; Germany convicted him and he served time before returning to the U.S.
- He was indicted in the District of Delaware on a single count of noncommercial illicit sexual conduct in a foreign place, in violation of 18 U.S.C. § 2423(c) and (f)(1).
- § 2423(c) prohibits illicit sexual conduct by U.S. citizens travelling in foreign commerce; the conduct is demarcated by (a) sexual acts with a minor in a foreign country or (b) commercial sex acts with a minor.
- Pendleton challenged (i) venue for the charge, arguing § 3238 controls and limits proper venue, and (ii) the facial validity of the § 2423(c) noncommercial prong under the Foreign Commerce Clause.
- The district court held venue proper in Delaware and rejected the due process/constitutional challenge; Pendleton was tried in Delaware and convicted, receiving a 30-year sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §3238 venue applies when part of the offense occurs in the U.S. | Pendleton: venue should be in the Eastern District of New York where travel began. | Pendleton: §3238 requires the offense to be wholly outside the United States to apply. | Yes; §3238 applies to offenses begun outside the U.S. if part of the conduct occurred abroad. |
| Whether §2423(c) noncommercial prong is valid under the Foreign Commerce Clause (Lopez framework). | Pendleton: noncommercial prong exceeds Congress’s Foreign Commerce Clause power. | Pendleton: statute valid as it regulates channels of foreign commerce; no need for intent. | Constitutional under Lopez first prong; §2423(c) valid as it has express connection to foreign commerce. |
| What is the locus delicti and how does it affect venue under §2423(c)? | Plaintiff: conduct in Germany is core to the offense; venue may lie where illicit sex occurs. | Defendant: venue could be proper where arrest occurs; the U.S. location should not dominate. | Locus delicti is where illicit sexual conduct occurs; offense is essentially foreign, supporting venue in Delaware. |
Key Cases Cited
- Rodriguez-Moreno, United States v., 526 U.S. 275 (1999) (explains determining venue by nature of crime and location of acts when crimes involve multiple places)
- Lopez, United States v., 514 U.S. 549 (1995) (three-category framework for Congress's Commerce Clause power (channels, instrumentalities, substantial effects))
- Morrison, United States v., 529 U.S. 598 (2000) (limits congressional power under the Commerce Clause; supports Lopez framework)
- Gibbons v. Ogden, 22 U.S. 1 (1824) (broadly defines commerce; unitary meaning of the Commerce Clause)
- Levy Auto Parts, United States v., 787 F.2d 946 (4th Cir.) (venue when conspiracy is essentially foreign, with acts inside U.S.)
- Gilboe, United States v., 684 F.2d 235 (2d Cir.) (discusses §3238 scope and where offenses began or were committed)
- Shenandoah, United States v., 595 F.3d 151 (3d Cir.) (SORNA-like provisions; nexus with interstate commerce without temporal element)