United States v. Schmidt, No. 16-6567 (4th Cir. 2017)
Annotate this CaseDefendant pleaded guilty to traveling in foreign commerce and engaging in illicit sexual conduct, in violation of 18 U.S.C. 2423(c). The district court agreed with defendant 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 court concluded, however, that defendant is not actually innocent of the section 2423(c) offense because defendant was still traveling in foreign commerce from the time he departed the United States until the time of his illicit sexual conduct in Cambodia. Accordingly, the court reversed the district court's judgment.
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