I. Does the jurisdictional element "in or affecting interstate commerce" in federal criminal statutes require an actual effect on interstate commerce and thus entitle a defendant to a jury instruction that the government must prove beyond a reasonable doubt an "actual effect" on interstate commerce?

II. Is the interstate commerce jurisdictional element requiring that the crime be "in or affecting interstate commerce" satisfied by mere use of a cell phone in a case that otherwise involves a local sex crime?

Does the jurisdictional element 'in or affecting interstate commerce' in federal criminal statutes require an actual effect on interstate commerce and thus entitle a defendant to a jury instruction that the government must prove beyond a reasonable doubt an 'actual effect' on interstate commerce?