United States Second Circuit

Defendant's conviction for international parental kidnapping is affirmed where: 1) defendant's argument ignored the basic principle that any "lawful parental rights" created by a state family court order came into existence when the order was issued; 2) defendant failed to establish prejudice because neither her family court appeal nor its ultimate outcome were relevant to the existence of the other parent's rights during the period of the indictment while the Vermont order was still in effect and defendant was accordingly bound by it; and 3) the government provided sufficient evidence with respect to defendant's intent.

Appellate Information

• Decided 11/23/2010
• Published 11/23/2010

Judges

• Debra Ann Livingston

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael L. Desaultels, Nancy J. Creswell