Whether 18 U.S.C. § 1201(a)(1) regulating kidnapping through interstate commerce is constitutional and whether mens rea under 18 U.S.C. § 2421(a) can be satisfied by contingent intent

QUESTIONS PRESENTED 1. Whether 18 U.S.C. § 1201(a)(1), which prohibits kidnapping with the use of any instrumentality of commerce, falls within Congress’s power to regulate the instrumentalities of commerce and therefore survives an as-applied challenge whenever the defendant used a cell phone during the kidnapping. 2. Whether the mens rea requirement of 18 U.S.C. § 2421(a), which prohibits transportation across interstate lines with intent to engage in criminal sexual activity, may be satisfied by “contingent intent,” even when the specific intent to commit the unlawful act is formed after transportation has concluded. i