United States v. Charles Keith Sumner
522 F. App'x 806
11th Cir.2013Background
- On October 12, 2011, Charles Sumner responded to two Craigslist ads posted by undercover officers posing as a mother seeking a sexual mentor for her 14‑year‑old and as a 14‑year‑old girl; he exchanged sexually explicit messages and requested photos.
- Sumner drove ~29 miles across state lines that night to an undercover residence in Tallahassee, where he was arrested after knocking on the door.
- Police seized condoms, lubricants, sex toys, prescription narcotics, and computers/phones containing 85 sexually suggestive images of young‑looking females (some adults appearing underage; some non‑explicit images of minors; one series showed an adult groping a pajama‑clad child).
- Indicted for (1) attempting to persuade/induce/entice a minor to engage in sexual activity, 18 U.S.C. § 2422(b), and (2) interstate travel to engage in sexual activity with a minor, 18 U.S.C. § 2423(b). Sumner asserted entrapment at trial.
- District court admitted the 85 photographs for intent/predisposition and gave a limiting instruction; it also instructed on entrapment (burden on government to prove lack of entrapment). Jury convicted on both counts; Sumner appealed.
Issues
| Issue | Sumner's Argument | Government's Argument | Held |
|---|---|---|---|
| Admissibility of 85 sexually suggestive photos (relevance / Rule 403) | Photos (many legal) are irrelevant to intent/predisposition and unduly prejudicial; some photos of minors were non‑pornographic, so admission misleads jury | Photos show sexual interest in young females and are probative of intent/predisposition; limiting instruction mitigated prejudice | Admission was not an abuse of discretion; photos relevant to predisposition and probative value not substantially outweighed by prejudice |
| Sufficiency of evidence to rebut entrapment (predisposition) | Without the photos (which he says should be excluded) government lacked evidence that he was predisposed before contact with agents | Prompt responses to two ads, explicit sexual communications, cross‑state trip to meet, sexual paraphernalia in truck, and photos collectively show predisposition | Evidence sufficient for reasonable jury to find predisposition before inducement; conviction upheld |
| Jury instruction on entrapment (timing of predisposition) | Instruction misstated law per Jacobson by referring to predisposition "before the officer posted the advertisement" instead of before first contact with any government agent | Instruction tracked Jacobson’s principle and was proper given no evidence Sumner had prior contact with agents | No plain error: instruction not plainly incorrect and would not likely have changed outcome |
| Limiting instruction on photographs | (Related to admissibility objection) Jury instruction insufficient because photos shouldn’t have been admitted | Limiting instruction correctly confined jury to considering photos only for intent/predisposition | No reversible error; photos admissible and instruction adequate |
Key Cases Cited
- United States v. Jacobson, 503 U.S. 540 (1992) (predisposition must exist prior to first government approach to defeat entrapment)
- United States v. Lee, 603 F.3d 904 (11th Cir.) (elements for conviction under § 2422(b) include intent and a substantial step toward causing a minor’s assent)
- United States v. Brown, 43 F.3d 618 (11th Cir.) (standard for reviewing sufficiency of evidence on predisposition; ready commission can demonstrate predisposition)
- Old Chief v. United States, 519 U.S. 172 (1997) (definition and limits of "unfair prejudice" under Rule 403)
- United States v. Lopez, 649 F.3d 1222 (11th Cir.) (Rule 403 is an extraordinary remedy; balance favors admissibility)