United States v. Park, No. 18–03017 (D.C. Cir. 2019)
Nature of Case: Appellee had been convicted of sexual abuse in the United States in the 1990’s. Thereafter, Appellee moved out of the United States, and eventually came to reside in Vietnam. While in Vietnam, the Appellee was apprehended by the United States and indicted for sex offenses that he allegedly committed while residing in Vietnam. The indictment was based on the PROTECT Act, which was passed in response to the United States’ adoption of an international protocol on child protection.
Appellee moved the federal trial court to dismiss the indictment on the basis that the PROTECT Act (specifically, the authorization of the United States to prosecute him for conduct that took place abroad) exceeded congressional authority. The trial court dismissed the indictment, and the United States appealed.
Holding: District of Columbia Circuit Court of Appeals reversed the decision of the trial court in dismissing the indictment against Appellee. The Court held that the PROTECT Act was a lawful exercise of congressional authority in light of the Optional Protocol Treaty, and the Foreign Commerce Clause as applied to Appellee.
- DC Circuit Court of Appeals Opinion | view via Google Scholar
- Appellant’s Brief
- Appellee’s Brief
- Appellant’s Reply Brief