Appeal from the United States District Court for the Eastern District of Kentucky at London.
No. 6:20-cr-00070—Robert E. Wier, District Judge.
Decided and Filed: June 21, 2023
Before: GILMAN, BUSH, and READLER, Circuit Judges.
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OPINION
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RONALD LEE GILMAN, Circuit Judge. Following separate jury trials, defendants
George Oscar Messer (Oscar) and his son Jake Messer (Jake) were each convicted on two counts
of kidnapping, in violation of 18 U.S.C. § 1201(a)(1). They were both sentenced to terms of life
imprisonment because of various sentencing enhancements, including one for sexual
Both defendants appeal their convictions, arguing that the federal kidnapping statute is
(1) an unconstitutional exercise of Congress’s power under the Commerce Clause, and
(2) unconstitutionally vague. Jake also appeals his sentence as procedurally and substantively
unreasonable. For the reasons set forth below, we AFFIRM the judgments of the district court. |