United States v. Bredimus

352 F.3d 200, 2003 WL 22800901
CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 26, 2003
Docket02-11307
StatusPublished
Cited by52 cases

This text of 352 F.3d 200 (United States v. Bredimus) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bredimus, 352 F.3d 200, 2003 WL 22800901 (5th Cir. 2003).

Opinion

CARL E. STEWART, Circuit Judge:

Appellant Nicholas Bredimus (“Bredi-mus”) conditionally pled guilty, expressly reserving his right to appeal, to the charge of knowingly and willfully traveling in foreign commerce for the purpose of engaging in a sexual act with a person under 18 years of age in violation of 18 U.S.C. § 2423(b). On appeal, he challenges the sufficiency of the factual basis for the guilty plea, arguing that the statute of conviction is an invalid exercise of Congressional authority under the Commerce Clause and it unconstitutionally punishes mere preparation, mere thought, and mere travel. He also contends that the district court lacked jurisdiction to adjudicate the charge on the grounds that the offense lacked a domestic effect as required by the statute of conviction. For the following reasons, we affirm the judgment of the district court.

*202 I. FACTUAL AND PROCEDURAL BACKGROUND

The following facts are not in dispute. In October 2001, Bredimus, a United States citizen, left his residence in Coppell, Texas to travel to Thailand after first stopping in Hong Kong and Tokyo. In addition to attending scheduled business meetings, while in Thailand Bredimus intended to make videotapes and digital images of Thai children engaged in sexually explicit conduct.

Upon arriving in Thailand, Bredimus contacted Pensri Suhongsa (“Suhongsa”), and hired her to accompany him to Chiang Rai Province as a procurer and interpreter. On November 3, 2001, Bredimus and Suhongsa traveled to Mai Sao in the Chiang Rai Province of Northern Thailand and obtained two rooms at the Srisamoot Hotel. Bredimus asked Suhongsa to find young boys or girls who would come to the hotel for him to photograph. That same day, Bredimus videotaped himself engaged in sexually explicit conduct with a thirteen-year-old Thai boy at the Srisamoot Hotel, and took digital images of the boy engaged in sexually explicit conduct.

Bredimus was indicted on March 5, 2002, in a six count indictment. 1 On June 4, 2002, a federal grand jury returned a superseding indictment charging Bredimus with one count of knowingly traveling in foreign commerce for the purpose of engaging in a sexual act with children under 18 years of age in violation of section 2423(b) 2 and one count of traveling in foreign commerce with the intent to promote sexually explicit conduct by minors for the purpose of producing visual depictions of such conduct in violation of 18 U.S.C. §§ 2251 A(b)(2)(A) and (c)(1). 3

On May 3, 2002, Bredimus moved to dismiss the indictment, asserting an as-applied challenge that (1) Congress exceeded its authority under the Commerce Clause, U.S. CONST, art. I, § 8, cl. 3, by enacting the two statutes under which he was charged, and (2) the district court lacked subject matter jurisdiction over an extraterritorial offense that has no effect *203 within the United States. On July 19, 2002, the district court denied the appellant’s Motion to Dismiss, finding inter alia, that Section 2423(b) does not exceed Congress’s authority under the Commerce Clause because Congress has the authority to keep the channels of foreign commerce free from immoral or injurious uses and that banning foreign travel for an illicit purpose does not impermissibly burden a person’s fundamental right to travel. The court also ruled that it had jurisdiction under Section 2423(b) on the grounds that the statute targets an activity that occurs within the United States because the foreign travel originates domestically.

Bredimus entered into a conditional plea agreement with the government on August 27, 2002. Bredimus pled guilty to Count Two of the original indictment, but specifically reserved his right to challenge the constitutionality of Section 2423(b) on appeal. 4 At the arraignment hearing, Bredi-mus moved the court to reconsider this motion to dismiss, which the district court denied. 5

On November 18, 2002, the district court sentenced Bredimus to 66 months in the Bureau of Prisons, a fine of $30,000.00, and conditioned supervised release for three years. All remaining counts in the original and superseding indictment were dismissed. Bredimus timely filed a notice of appeal.

II. STANDARDS OF REVIEW

This court reviews a constitutional challenge to a federal statute de novo. United States v. Delgado-Nunez, 295 F.3d 494, 496 (5th Cir.2002) (quoting United States v. Brown, 250 F.3d 907, 912 (5th Cir.2001)). When reviewing an act of Congress passed under the authority of the Commerce Clause, we review the statute under the rational basis standard. Groome Resources, Ltd. v. Parish of Jefferson, 234 F.3d 192, 203 (5th Cir.2000). The burden for the challenger is high because “federal commerce legislation continues to merit a high degree of judicial deference.” United States v. Robinson, 119 F.3d 1205, 1210 (5th Cir.1997). In applying this deferential standard, “[d]ue respect for the decisions of a coordinate branch of Government demands that we invalidate a congressional enactment only upon a plain showing that Congress has exceeded its constitutional bounds.” Groome Resources Ltd., L.L.C. v. Parish of Jefferson, 234 F.3d 192, 216 (2000).

Challenges to a district court’s jurisdiction are reviewed de novo. United States v. Sims Bros. Const., Inc., 277 F.3d 734, 741 (5th Cir.2001).

A trial court cannot accept a plea of guilty unless there is a sufficient factual basis for the plea. See Fed.R.Crim.P. 11(f); United States v. Johnson, 194 F.3d 657, 659 (5th Cir.1999); United States v. Gobert, 139 F.3d 436, 439 (5th Cir.1998). *204 A district court’s acceptance of a guilty plea is a factual finding which we review under the clearly erroneous standard. United States v. Angeles-Mascote, 206 F.3d 529, 530 (5th Cir.2000).

III. DISCUSSION

A. The Constitutionality of Section 2123(b)

Under Section 2423(b), “[a] ... United States Citizen ... who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined [and/or] imprisoned....” 18 U.S.C.

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Bluebook (online)
352 F.3d 200, 2003 WL 22800901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bredimus-ca5-2003.