Victor Clayton v. United States
DueProcess
Did the district court err in denying defendant's motion to dismiss under Rule of Criminal Procedure 12(b)(3) for sex trafficking charges and did the court err in denying defendant's motion to withdraw his guilty plea due to alleged government breach of plea agreement?
1. Did the district court err in denying defendant’s motion to dismiss pursuant to federal Rule of Criminal Procedure 12 (b)(3) counts One and Two of the Indictment charging sex trafficking of a minor for failure to state an offense? That is because the facts presented by the government in the defendant’s case, as applied, make out a wholly domestic offense that congress never intended to address when it enacted 18 U.S.C. § 1591 and is unconstitutional as applied to the defendant. 2. Did the district court err in denying defendant’s motion to withdraw his guilty plea because the government breached the plea agreement by including unconstitutional terms in the agreement?