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U.S. v. SCHMIDT

No. 16-6567.

845 F.3d 153 (2017)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Arthur SCHMIDT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 4, 2017.

Attorney(s) appearing for the Case

ARGUED: Sujit Raman , OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellant. Mary Elizabeth Davis , DAVIS & DAVIS, Washington, D.C., for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellant.

Reversed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Agee and Judge Harris joined.

Richard Schmidt pleaded guilty to traveling in foreign commerce and engaging in illicit sexual conduct in violation of 18 U.S.C. § 2423(c). Schmidt now argues that, as a matter of law, he did not travel in foreign commerce in connection with his illicit sexual conduct and is thus actually innocent of the offense. The...

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