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U.S. v. CUMMINGS

No. 01-30032.

281 F.3d 1046 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Cole Cameron CUMMINGS, aka Coleman Cameron Cummings, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted February 14, 2002.

Filed February 27, 2002.

Attorney(s) appearing for the Case

Stephen R. Hormel, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the defendant-appellant.

Francis J. Diskin, U.S. Attorney, Timothy J. Ohms, Assistant U.S. Attorney for the Eastern District of Washington; Marc I. Osborne (argued), U.S. Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: O'SCANNLAIN, GRABER, and McKEOWN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether the International Parental Kidnapping Crime Act, which criminalizes the retention of a kidnapped child in a foreign country, is unconstitutional.

I

Cole Cameron Cummings married Dana Hopkins in 1989, and they had three children, all of whom were born in the United States and resided with their parents in the State of Washington. In 1995, Cummings and Hopkins divorced, and a Washington state court...

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