Archive | 3553(a)

Monday, March 9th, 2020

The evidence sufficiently proved the defendant “had a reasonable opportunity to observe” the underage victim, under 18 U.S.C. § 1591(b)(1) (sex trafficking of minors). And it wasn’t procedural error when the court used the defendant’s “false [trial] testimony” as an aggravating factor under § 3553(a) — in imposing a substantially below-Guidelines sentence — without finding the testimony qualified as perjury under Guidelines § 3C1.1. United States v. Almonte, No. 18-3769, __F.3d__, 2020 WL 1056786 (March 5, 2020).

1. Sufficiency of evidence of sex trafficking involving underage victim

The defendant was convicted, after trial,  of several offenses, including  sex trafficking of a minor who was less than 14 years old, in violation of 18 U.S.C. § 1591(a) and (b)(1).  She moved unsuccessfully for a judgment of acquittal (Fed.R.Crim.P. 29), arguing the evidence didn’t  establish she “had a reasonable opportunity to observe” the underage victim as required by 18 U.S.C. § 1591(c).  The Circuit affirms the district court’s denial of the Rule 29 motion. Almonte, 2020 WL 1056786 at *1.

Section 1591(c) states that in a prosecution for sex trafficking under § 1591(a)(1), “in which the defendant had a reasonable opportunity to observe the [underage victim] . . ., the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person had not attained the age of 18 years.” 18 U.S.C. § 1591(c). …

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Categories: 3553(a), obstruction of justice, procedural reasonableness, sex offenses, substantive reasonableness

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