Terrance Tyrell Edwards v. United States
DueProcess
Is evidence that establishes only the use of cellular-telephones, internet, hotels sufficient to find the interstate-commerce element for commercial-sex-trafficking under 18-USC-1591(a)?
QUESTIONS PRESENTED FOR REVIEW 1. Is evidence that establishes only the use of cellular telephones, the Internet or hotels by a defendant, without any evidence of how the use of these means, facilities or businesses were “in or affect[ed] interstate commerce,” sufficient to find the interstate commerce element for commercial sex trafficking under 18 U.S.C. § 1591(a)? 21 Does a Jury instruction that directs the jury that, “as a matter of law,” the interstate commerce element for commercial sex trafficking in 18 U.S.C. § 1591 (a) is met if the jury finds beyond a reasonable doubt that the offense involved the use of cellular telephones, the Internet or hotels constitute a conclusive presumption that violates a criminal defendant’s right due process? a. If such an instruction is erroneous in that it contains an unconstitutional conclusive presumption, is that error obvious or plain as contemplated under the plain error standard of review? A