USA v. JACKSON
The Ninth Circuit Court of Appeals today released an opinion in USA v. JACKSON, No. 05-30058, a criminal appeal. The panel consisted of Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William W Schwarzer, District Judge.
BERZON, Circuit Judge:
Gary Jackson was indicted for violating 18 U.S.C. ยง 2423(c), which punishes any United States citizen “who travels in foreign commerce, and engages in any illicit sexual conduct with another person.” The district court held that application of this statute to Jackson’s conduct might well violate the Ex Post Facto Clause of the Constitution, and interpreted the statute narrowly to avoid any constitutional infirmity. We concentrate on the statutory interpretation question and approach it somewhat differently: Using any reasonable definition of the word “travel,” we conclude, Jackson’s actions fell outside the conduct that Congress proscribed. We therefore affirm the district court’s decision to dismiss the indictment. I. Factual Background The factual circumstances of this case are undisputed and quite disturbing. The defendant, Gary Jackson, is a United States citizen and retired marine carpenter. In November 2001, Jackson and his longtime domestic partner, James Kleven, left the United States to relocate permanently to Cambodia. They sold their home and shipped or sold their remaining property. The couple sent money to a friend in Cambodia, who purchased a. . .