955 F.3d 608
7th Cir.2020Background
- Allen Young was indicted under 18 U.S.C. § 1591 for sex trafficking four minor victims and attempting to traffic a fifth based on conduct from 2014–2016.
- Alleged conduct: taught victims to use Backpage, took/posted photos, set rates, reserved hotels, provided phones and condoms, transported victims (once from high school), housed one victim, and took a share of payments or demanded sex.
- Young fired his lawyer ~3 weeks before trial and proceeded pro se after a Faretta colloquy; he sought a continuance 11 days before trial which the court denied.
- Government presented victims’ testimony, phone records linking Young to ads/appointments, his notebook (containing email/IP/avoidance tips), employer testimony, and an FBI agent; Young testified and denied knowing victims were minors or facilitating their prostitution.
- Jury convicted Young on all counts; he was sentenced to 21 years and appealed eight issues, challenging preparation time, jury instructions/sufficiency on interstate commerce, exclusion of victim sexual-history evidence, suppression of his notebook, and other evidentiary/rule issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of continuance after Young waived counsel | United States: denial proper; Young had months with counsel, was warned about self-representation, and had access to discovery | Young: denial left him insufficient time to prepare after firing counsel | Denial not an abuse of discretion; Young voluntarily chose to proceed pro se and showed no actual prejudice |
| Interstate-commerce jury instruction and sufficiency of evidence | United States: internet ads, hotels, condoms suffice to satisfy "in or affecting interstate commerce"; evidence (Backpage ads linked to Young) proved element | Young: connections (hotels/condoms/internet) too attenuated; evidence insufficient | Instruction consistent with §1591 and precedent; internet ads/links provided sufficient evidence for each conviction (hotels/condoms weaker but unnecessary) |
| Exclusion of victims' prior sexual conduct under Rule 412 | United States: Rule 412 bars such evidence and exclusion did not violate constitutional rights because prior acts were irrelevant to elements | Young: prior prostitution would negate mens rea (knowledge/reckless disregard) and show victims acted "on their own" | Exclusion proper: prior sexual conduct was irrelevant to statutory elements (coercion not required for minor-victim §1591) and Rule 412 protection stands |
| Suppression of notebook as fruit of illegal search (consent/authority) | United States: suppression motion was untimely and must be filed pretrial | Young: new self-representation provided good cause for filing suppression motion during trial | Motion untimely; Young failed to show good cause for delay; district court did not abuse discretion |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (recognizing right to self-representation)
- United States v. Cosby, 924 F.3d 329 (7th Cir.) (deference to scheduling/continuance decisions)
- United States v. Schwensow, 151 F.3d 650 (7th Cir.) (factors for continuance motions)
- United States v. Volpentesta, 727 F.3d 666 (7th Cir.) (reluctance to find abuse where defendant opts to proceed pro se)
- Imani v. Pollard, 826 F.3d 939 (7th Cir.) (practical risks of pro se defense)
- United States v. Horne, 474 F.3d 1004 (7th Cir.) (website/internet as interstate commerce)
- Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (Commerce Clause precedent regarding local services affecting interstate commerce)
- United States v. Evans, 476 F.3d 1176 (11th Cir.) (condoms/hotels can affect interstate commerce)
- United States v. Walls, 784 F.3d 543 (9th Cir.) (de minimis interstate effects sufficient under §1591)
- United States v. Phea, 755 F.3d 255 (5th Cir.) (cell phones/online ads as interstate commerce connections)
- United States v. Todd, 627 F.3d 329 (9th Cir.) (online ads satisfy interstate-commerce element)
- United States v. Durham, 645 F.3d 883 (7th Cir.) (standard for overturning conviction for insufficiency of evidence)
- United States v. Groce, 891 F.3d 260 (7th Cir.) (Rule 412 limits admissibility of victims' sexual history)
- United States v. Carson, 870 F.3d 584 (7th Cir.) (prior prostitution evidence irrelevant to current sex-trafficking charges)
- United States v. Cephus, 684 F.3d 703 (7th Cir.) (same)
- Illinois v. Rodriguez, 497 U.S. 177 (consent-search apparent authority principle)
- Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (standards for expert testimony admissibility)