U.S. v. Larsen

Federal 7th Circuit Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
No. 08-3088
Decision Date: 
August 4, 2010
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. could properly enter judgment on charges of kidnapping in violation of 18 USC section 1201 and interstate domestic abuse in violation of 18 USC section 2261(a)(2), even though both charges stemmed from same incident in which defendant beat and abducted his ex-wife and drove her across state lines to warehouse. No double jeopardy violation occurred where each charge required proof of facts that other charge did not. Fact that both charges could be proved by evidence of same incident was irrelevant. Ct. also rejected defendant's argument that 18 USC section 2261(a)(2) was unconstitutional as improper exercise of Commerce Clause.