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United States v. Ivy

United States Court of Appeals for the Fifth Circuit

929 F.2d 147 (1991)

Relevant factsFree

Charles Ivy (defendant) ambushed his estranged wife Patricia when she returned from a date, shot and killed her companion, and pistol-whipped her before forcing her to drive him across state lines; over the following days Patricia did not attempt to escape despite opportunities, did not seek help from Ivy's relatives who hosted them, and at times consented to sex with Ivy, before eventually escaping and calling police. Patricia testified she behaved this way because Ivy had abused her throughout their marriage and she feared for her life and her daughter's life. The jury convicted Ivy of interstate kidnapping, and he appealed, arguing Patricia's outwardly voluntary conduct proved she was not transported against her will.

IssueFree

Whether sufficient evidence supports a finding that a victim was transported across state lines without consent, for purposes of a kidnapping conviction, where the victim did not attempt to escape or seek help but explained her conduct as motivated by well-founded fear of a violent abuser.

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