Cameras capture two men and a woman arriving via Jeep at an Artesia, N.M. motel, leaving two hours later with the woman sobbing, and the men returning three hours later without her. Her body is found that afternoon, shot 21 times. The men are charged with federal kidnapping because, according to the feds, vehicles are instrumentalities of interstate commerce, making all car-related kidnappings federal. Tenth Circuit: "The Constitution does not tolerate such extremities" as allowing the feds to regulate everything that moves. Case dismissed. (Training Division note: Circuit split alert! Check out the Sixth and Seventh circuits.)
Both men are represented by the Office of the Federal Public Defender in Denver, Colo. and CJA Panel attorney.
The case is United States v. Chavarria, No. 23-02102 (10th Cir. June 16, 2025).