United States v. Weingarten
2011 U.S. App. LEXIS 862
| 2d Cir. | 2011Background
- Weingarten was convicted by a jury on five counts: two counts under § 2423(a) and three counts under § 2423(b).
- Counts Three involved travel from Belgium to Israel in April 1997, alleged to be with the intent to engage in sexual activity with a minor, Doe.
- Counts One and Four related to the July 30, 1997 travel from Israel to Brooklyn for sexual activity with Doe; Counts Two and Five related to the August 19, 2007 travel from Brooklyn to Antwerp.
- Weingarten argued pre-trial that Count Three was improper because it involved travel between foreign countries with no U.S. territorial nexus; district court rejected this theory in part, and trial proceeded.
- The district court sentenced Weingarten to ten years on each count, with varying consecutive and concurrent terms, for a total of 30 years’ imprisonment and three years’ supervised release.
- On appeal, Weingarten challenged Count Three and the government defended the extraterritorial reach of § 2423(b); the Second Circuit delayed constitutional ruling and reversed Count Three while affirming other counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2423(b) applies to extraterritorial travel | Weingarten contends § 2423(b) does not apply overseas unless there is a territorial nexus. | Government argues § 2423(b) covers conduct outside the U.S. when intended acts would violate U.S. law. | § 2423(b) applies extraterritorially |
| Whether travel between foreign nations without a U.S. nexus falls within § 2423(b) | Travel between Belgium and Israel with no U.S. nexus should be within § 2423(b). | Travel between foreign nations absent U.S. nexus should not be within § 2423(b). | Travel between foreign nations without a territorial nexus is not within § 2423(b) |
| Construction of 'foreign commerce' in § 2423(b) and its extraterritorial scope | Statutory text and presumption toward extraterritorial application support broad reach. | Foreign commerce should be read with nexus limitations; may be limited by presumption against extraterritoriality. | Court found § 2423(b) extends extraterritorially but does not cover travel wholly between foreign nations absent U.S. nexus |
Key Cases Cited
- United States v. Hawkins, 513 F.3d 59 (2d Cir. 2008) (courses of travel in commerce interpreted in context of § 2423)
- United States v. Irving, 452 F.3d 110 (2d Cir. 2006) (statutory interpretation of § 2423 in foreign contexts)
- United States v. Han, 230 F.3d 560 (2d Cir. 2000) (extraterritorial reach of § 2423(a) and related interpretations)
- Bowman v. United States, 260 U.S. 94 (Supreme Court, 1922) (presumptions of extraterritoriality applied to crime conduct)
- Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (Supreme Court, 2010) (extraterritoriality canon; context matters for applicability)
- United States v. Yousef, 327 F.3d 56 (2d Cir. 2003) (presumption against extraterritoriality and jurisdictional principles)
- Pasquantino v. United States, 544 U.S. 349 (Supreme Court, 2005) (foreign commerce and criminal prohibitions context in extraterritorial reading)
- Aramco v. Sadat, 499 U.S. 244 (Supreme Court, 1991) (boilerplate 'foreign commerce' language and extraterritorial considerations)
- Delgado-Garcia, 374 F.3d 1337 (D.C. Cir. 2004) (constraining extraterritorial reach in related criminal provisions)
- United States v. Clark, 435 F.3d 1100 (9th Cir. 2006) (interpretation of § 2423 scope and foreign travel)