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Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute
Loaded on Aug. 1, 2025
by David Kim
published in Criminal Legal News
August, 2025, page 26
Filed under:
Commerce Clause,
Kidnapping, Abduction or Unlawful Restraint,
Interstate Commerce.
Location:
New Mexico.
The United States Court of Appeals for the Tenth Circuit held that motor vehicles are not per se instrumentalities of interstate commerce for purposes of the Commerce Clause, so the intrastate use of a motor vehicle during the commission of an alleged kidnapping alone is not sufficient to support …
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More from this issue:
- Probabilistic Genotyping on Trial: Can We Trust the Secret Algorithms Deciding Guilt?, by Michael Thompson
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, by Richard Resch
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, by Douglas Ankney
- U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts, by David Kim
- The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform, by David Kim
- Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission, by David Kim
- Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute, by David Kim
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, by Richard Resch
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, by Matthew Clarke
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, by David Reutter
- The Quiet Transformation of Government Data into a Mass Surveillance Tool, by David Kim
- California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing, by Sagi Schwartzberg
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, by Anthony Accurso
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, by Jeffrey Cohen
- AI Honeypots: Police Are Using Chatbots to Pose as Teens and Sex Workers to Entrap Suspects, by Michael Thompson
- The Arrival of REAL ID: National ID Cards and Internal Passports in America, by David Kim
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- News in Brief
More from David Kim:
- Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026
- Tenth Circuit Announces Valid Checks Alone Insufficient for § 1344(2) Bank Fraud, Holding Alleged Failure to Disclose Plausible Defense Warrants § 2255 Hearing, Oct. 1, 2026
- Eleventh Circuit Announces Concealed Firearm Possession Alone Insufficient for Reasonable Suspicion Under Florida’s Amended Concealed-Carry Law, Oct. 1, 2026
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026
- Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, Sept. 1, 2026
- Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, Sept. 1, 2026
- California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, Sept. 1, 2026
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026
- Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026
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More from these topics:
- Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense, April 1, 2026. Double jeopardy, Kidnapping, Abduction or Unlawful Restraint, Statutory Construction/Interpretation, Statement of Reasons, Multiple/Multiplicious Counts.
- Escape from Georgia Jail Ends in Florida after Lyft Hijacking, Feb. 1, 2026. Escapes, Jail Specific, Security Systems, Kidnapping, Abduction or Unlawful Restraint.
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
- Second Circuit: Second-Degree Kidnapping Under New York Penal Law § 135.20 Not Categorically a Crime of Violence, Aug. 1, 2023. Kidnapping, Abduction or Unlawful Restraint, Solicitation to Commit a Crime of Violence.
- Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, April 15, 2023. Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error.
- Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint, Jan. 15, 2023. Kidnapping, Abduction or Unlawful Restraint, Bank Fraud/Robbery/Theft.
- U.S. v. Stewart, No. 02-10318 (9th Cir.) (451 F.3d 1071) (June 30, 2006) (Judge Alex Kozinski), July 1, 2006. Punch And Jurists, Interstate Commerce.
- Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter), Jan. 27, 2002. Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint.
- U.S. v. Ferreira, No. 00-14723 (11th Cir.) (275 F.3d 1020) (December 11, 2001) (Judge Stanley Marcus), Jan. 1, 2002. Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint.
- U.S. v. Smith, No. 98-10098 (5th Cir.) (184 F.3d 415) (August 5, 1999) (Judge John M. Jr. Duhé), Sept. 1, 1999. Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint.
