United States Fifth Circuit

Defendant's conviction for importation of an alien for prostitution in violation of 18 U.S.C. section 1328 is affirmed where: 1) the overbreadth doctrine was applicable only to First Amendment challenges, and section 1328 did not even arguably implicate First Amendment rights; 2) section 1328 did not reach a substantial amount of constitutionally protected conduct; 3) the statute was not vague as applied to defendant's conduct; and 4) the jury instructions did not leave the jury with unfettered discretion to convict based on its own views of sexual morality.

Appellate Information

• Decided 09/18/2009
• Published 09/18/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Leigha Amy Simonton (argued), Dallas, TX, C. Richard Baker, Asst. U.S. Atty., Ann Cruce Roberts, Lubbock, TX, for U.S., Jerry V. Beard, Asst. Fed. Pub. Def. (argued), Fort Worth, TX, William Reynolds Biggs, Dallas, TX, for Clark.