U.S. v. JACKSON

No. 05-30058.

480 F.3d 1014 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Gary Evans JACKSON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted February 9, 2007.

Filed March 29, 2007.


Attorney(s) appearing for the Case

John J. Lulejian, Assistant United States Attorney, and Susan B. Dohrmann, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellant.

Brian Tsuchida, Assistant Federal Public Defender, Seattle, WA, for the defendant-appellee.

Before: GOULD and BERZON, Circuit Judges, and SCHWARZER, District Judge.


BERZON, Circuit Judge:

Gary Jackson was indicted for violating 18 U.S.C. § 2423(c),1 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...

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