United States v. Escobar-Gonzalez, No. 12-4657-cr (2d Cir. Nov. 21, 2013) (Pooler, Raggi, and Wesley) (summary order), available here
This summary order holds that the evidence was sufficient to support the defendant’s conviction of transporting a minor interstate to engage in illegal sexual activity. The panel also held that the district court did not improperly rely at sentencing on a prior, uncharged rape allegation. [Disclosure: the Federal Defenders of New York represents Mr. Escobar-Gonalez.]
The facts were these: The defendant drove a group of illegal aliens from Dallas to the New York tri-state area. Toward the end of the trip, he allegedly sexually assaulted one of the aliens at a rest stop in New Jersey.
The defendant argued on appeal that the evidence was insufficient to establish that he formed the intent to commit the sexual assault before he crossed state lines, as the charged sexual crimes …