United States v. Houtar, No. 19-3627 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed defendant's conviction and sentence for international parental kidnapping and passport fraud. After determining that defendant's vagueness challenge fails insofar as it is premised on deficient notice, the court held that the International Parental Kidnapping Crime Act (IPKCA) is not unconstitutionally vague as applied to him. In this case, the IPKCA is not unconstitutionally vague as applied to someone who retains children abroad without first abducting them, when the children had not been in the United States for several years prior to the unlawful retention.
The court also held that the district court properly applied two Sentencing Guidelines enhancements for substantial interference with the administration of justice and for fraudulent use of a United States passport.