United States First Circuit

A parent can be prosecuted under the International Parental Kidnapping Crime Act for conduct that would not be criminal under state law. District court lacked authority to impose its order requiring defendant's immediate cooperation in the return of his children from India; however, a similar order may lawfully be imposed as a condition of supervised release per U.S.S.G. section 5D1.3.

Appellate Information

• Decided 01/21/2004
• Published 01/21/2004

Judges

• HOWARD, Circuit Judge., Before SELYA, Circuit Judge, STAPLETON, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert Osuna, with whom Law Office of Robert Osuna, P.C. was on brief, for appellant.


• For Appellees:
  
• John T. McNeil, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.