94 F.4th 651
7th Cir.2024Background
- Benjamin Biancofiori was convicted by a jury of sex trafficking by force in violation of 18 U.S.C. § 1591 and sentenced to 360 months in prison plus lifetime supervised release.
- The government presented evidence that Biancofiori compelled nine adult women to engage in prostitution by using violence when they attempted to escape or withheld earnings.
- The main appellate issue centers on the interpretation of § 1591: whether it covers trafficking of adults by force, or only trafficking of minors.
- Biancofiori also challenged the constitutionality of § 1591(a), arguing it is vague.
- The appeal was heard by the Seventh Circuit, which consolidated unrelated issues in a non-precedential order and addressed only the statutory and constitutional interpretation in this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of §1591(a) | Covers both minors and adults if force is used | Only covers trafficking of minors | Statute covers both; force against adults is sufficient |
| Statute vagueness | Statute's language is clear | Statute is unconstitutionally vague | Not vague; rule is well-defined |
| Use of legislative history | Interpretation clear from statute | Legislative history supports limiting to minors | Text and caption control, not legislative history |
| Sentencing disparities | Harsher penalties for use of force is valid | Penalizing adult trafficking by force more harshly than minor trafficking is absurd | No absurdity; Congress can set these penalties |
Key Cases Cited
- Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) (statute's caption cannot diminish the text's scope but may clarify meaning)
- Jaskolski v. Daniels, 427 F.3d 456 (7th Cir. 2005) (courts may only correct linguistic absurdities, not substantive policy choices)
- United States v. Logan, 453 F.3d 804 (7th Cir. 2006), aff'd, 552 U.S. 23 (2007) (same principle about statutory interpretation)
- Spivey v. Vertrue, Inc., 528 F.3d 982 (7th Cir. 2008) (judicial reluctance to override explicit statutory text)
- Soppet v. Enhanced Recovery Co., 679 F.3d 637 (7th Cir. 2012) (adjudication is not legislative policy-making)