United States v. Durham, No. 16-6075 (10th Cir. 2018)Annotate this Case
Matthew Durham appealed his convictions and sentence on four counts for illicit sex with minors in Kenya after travelling there from the United States. He raised eight issues for the Tenth Circuit's review, arguing errors regarding the conduct of trial and the admission of certain evidence all cumulatively affected his Constitutional rights. In addition, he argued 18 U.S.C. § 2423(c), the statute on which the convictions were based, was unconstitutional on its face and as applied to Durham because it exceeded Congress’s power under the Foreign Commerce Clause in Article 1, Section 8, Clause 3 of the Constitution. The Tenth Circuit held that section 2423(c) was constitutional because Congress could rationally conclude that travel abroad followed by illicit sex with a minor, in the aggregate, substantially affected foreign commerce. The Court found no other reversible error and affirmed Durham's convictions.