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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page60 of 93
47
Maxwell first relies on Section 3283’s use of the
phrase “offense involving” the sexual abuse of a child,
which, she contends, “dictates” looking only to the ele-
ments of the offense. (Br.43). But as this Court has al-
ready recognized, Section 3283’s text “reaches beyond
the offense and its legal elements to the conduct ‘in-
volv[ed]’ in the offense”—a “linguistic expansion” that
shows Congress’s intent for “courts to look beyond the
bare legal charges in deciding whether § 3283 ap-
plied.” Weingarten, 865 F.3d at 59-60; see also Nijha-
wan v. Holder, 557 U.S. 29, 32, 38 (2009) (holding that
a statute that includes an “offense ... involves” phrase
is “consistent with a circumstance-specific approach”).
Indeed, the Third Circuit has expressly rejected an
““assential ingredient’ test” comparable to the categor-
ical approach and instead applied case-specific analy-
sis to determine that Section 3283 applied to travel
with intent to commit an illegal sex act with a minor,
in violation of 18 U.S.C. § 2423(b). Schneider, 801 F.3d
at 196-97.
Maxwell also argues that “the clear weight of au-
thority” holds that statutes employing similar lan-
guage “should be read through a categorical rather
than case-specific lens.” (Br.44-45). But the decisions
she cites involved statutes with other features favoring
the categorical approach, which are notably absent
here. Some cases involved statutes that defined a
“crime of violence” as an offense that either “has as an
element” the use of physical force or “by its nature” in-
volves a substantial risk of force—language that in-
vokes an elements-based approach. United States v.
Davis, 1389 S. Ct. 2319, 2328-29 (2019); Leocal v. Ash-
croft, 543 U.S. 1, 7 (2004). Some cases concerned the
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021707.jpg |
| File Size | 698.5 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 1,834 characters |
| Indexed | 2026-02-03 20:16:16.548440 |