636 F. App'x 890
5th Cir.2016Background
- Defendant Clarence Johnel White answered a Craigslist "Casual Encounters" ad posted by undercover officers and exchanged texts with an agent posing as "Becca," who said she was 13 (and later 14).
- White communicated sexual interest after learning Becca’s age, requested photos, called Becca "sexy," suggested meeting, and arrived at a prearranged meet location carrying condoms.
- Agents arrested White at the meeting point; he later gave recorded statements and post-arrest interview comments that were inconsistent (claimed he came to "rescue" the girl and also said he twice indicated he did not want sex).
- At trial White admitted seeking sex in response to the ad, receiving photos, and misrepresenting his age; he claimed he believed Becca was an adult or role-playing.
- A jury convicted White of attempted coercion and enticement of a minor under 18 U.S.C. § 2422(b); he was sentenced to 135 months’ imprisonment plus supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — attempt to persuade/entice a minor | Gov: Texts, sexual requests, meeting, and condoms show attempted inducement | White: The minor was eager/willing and his communications do not show inducement | Court: Evidence (texts, photos, meeting, condoms, admissions) sufficient for attempted enticement conviction |
| Sufficiency — underlying Texas offense ("performance") | Gov: Proof of a "performance" not required; inducement of sexual conduct suffices | White: Texas § 43.25 (sexual performance by a child) inapplicable because no evidence of a performance | Court: Performance is not required; evidence supported contemplated sexual conduct under Texas law |
| Constructive amendment of indictment | Gov: Indictment tracked § 2422(b) charging attempted enticement | White: Trial evidence allegedly showed violation of a different Texas statute (§ 21.11), amounting to constructive amendment | Court: Plain-error review fails—no prejudice shown; evidence supported attempt to induce sexual conduct and no plain error found |
Key Cases Cited
- United States v. Moser, 123 F.3d 813 (5th Cir. 1997) (standard for reviewing sufficiency of the evidence)
- United States v. Rounds, 749 F.3d 326 (5th Cir. 2014) (sexually explicit messages can show intent to induce a minor)
- United States v. Farner, 251 F.3d 510 (5th Cir. 2001) (elements for attempt under § 2422(b): culpability and substantial step)
- United States v. Lundy, 676 F.3d 444 (5th Cir. 2012) (inducement/persuasion is a jury question; evidence sufficient if it supports inducement)
- Dornbusch v. State, 156 S.W.3d 859 (Tex. App. 2005) (inducement of a child’s sexual conduct can violate § 43.25 even without a sexual "performance")
- Puckett v. United States, 556 U.S. 129 (2009) (plain-error standard requires showing of actual prejudice)
- United States v. Daniels, 252 F.3d 411 (5th Cir. 2001) (appellate review for plain error where issue not raised below)