Quinn

United States v. Quinn

Good Law
235 F. App'x 431
United States Court of Appeals for the Ninth CircuitJuly 18, 2007No. 06-30571California397 words

Opinion

Lead Opinion

MEMORANDUM *

Steven Quinn appeals the sentence imposed following his guilty plea to one count of transportation of a minor in violation of 18 U.S.C. § 2423 (a). We affirm. Because the parties are familiar with the facts, we do not recite them here.

Quinn claims that his five-year mandatory minimum sentence violated the principles of federalism because the statute incorporated a state misdemeanor offense whose maximum punishment was only nine *432 months. We reject this argument. Congress does not violate the Tenth Amendment by incorporating state laws into a federal statute. United States v. Dhingra, 371 F.3d 557, 564 (9th Cir.2004). Such incorporation “does not supplant state crimes, but instead identifies the type of conduct that serves as a predicate to prosecution.” Id. Section 2423 punishes conduct beyond that encompassed by Wisconsin’s statute, namely the transportation of a minor across state lines to commit the underlying offense. Quinn does not, and could not, argue that Congress lacked the power to do so. United States v. Tykarsky, 446 F.3d 458, 470 (3d Cir.2006). Quinn’s reverse-preemption argument is unavailing: even where a state government has acted, Congress…

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