United States v. Carlo Alberto Ventre

This action arises out of a custody dispute between Toni Dykstra (“Dykstra”), a United States citizen, and Carlo Ventre (“Ventre”), an Italian citizen, over their daughter after their relationship ended. When Ventre took the child to Italy in contravention of a stipulated custody order, Dykstra successfully petitioned for the child’s return to the United States under the Convention on the Civil Aspects of International Child Abduction, adopted Oct. 25, 1980, T.I.A.S. No. 11670 (“Hague Convention”). After the child and Ventre returned to the United States, a federal grand jury indicted him on one count of kidnapping in violation of the International Parental Kidnapping Crime Act of 1993, 18 U.S.C. § 1204 , (“IPKCA”). Ventre pled guilty to the charge pursuant to a plea agreement that contained a limited waiver of appeal. Ventre appeals contending that the district court lacked jurisdiction to accept the plea under the IPKCA. We have jurisdiction pursuant to 28 U.S.C. § 1291 to decide whether the return of the child pursuant to civil proceedings under the Hague Convention forecloses criminal prosecution under the IPKCA. We agree with the district court and hold that…