United States v. Dann
2011 U.S. App. LEXIS 15012
| 9th Cir. | 2011Background
- Dann, a U.S. citizen, employed Peña Canal as a live‑in nanny/housekeeper and arranged Peña Canal's entry with a fraudulent visa in 2006.
- Dann allegedly confiscated Peña Canal's passport and identification, restricted her to the home, and failed to pay wages for about two years.
- Peña Canal signed a false minimum-wage statement; police later found her passport, IDs, checks, and the false wage note buried in a drawer at Dann's home.
- Dann was charged with five counts (visa fraud, conspiracy to commit visa fraud, forced labor, document servitude, harboring an alien for private financial gain) and was convicted on all counts; restitution was ordered to Peña Canal.
- The district court ordered that accrued child support paid to Dann during incarceration be paid directly to Peña Canal.
- On appeal, the Ninth Circuit affirmed the convictions, affirmed two sentencing enhancements related to forced labor, but reversed the restitution order regarding child support arrearages, holding they belong to the children, not the defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for forced labor | Government: evidence shows intent to cause serious harm to compel labor. | Dann: insufficient to prove intent to cause serious harm. | Convictions for forced labor sustained. |
| Sufficiency of evidence for document servitude | Government: possession/concealment of Peña Canal's documents shown. | Dann: no intent shown to use documents for forced labor. | Conviction for document servitude sustained. |
| Sufficiency of evidence for alien harboring for financial gain | Government: concealment/harboring to avoid immigration detection is proven. | Dann: evidence insufficient to show concealment for immigration avoidance. | Conviction sustained; evidence supported harboring for financial gain. |
| Forced labor guideline enhancements | Agencies: enhancements for >1 year and for connection to another felony warranted. | Dann: challenge to enhancements; some are unsupported. | Upheld both enhancements: >1 year and in connection with forced labor. |
| Restitution and child support arrearages | Restitution order may capture accrued child support as victim restitution. | Child support arrearages belong to the minor children, not Dann. | Restitution order reversed; accrued child support not assignable to Peña Canal. |
Key Cases Cited
- Calimlim, 538 F.3d 706 (7th Cir. 2008) (serious harm requires intent to cause victim to believe harm will occur)
- Kozminski, 487 U.S. 931 (Supreme Court 1988) (definition of involuntary servitude; coercion scope)
- Jimison, 493 F.3d 1148 (9th Cir. 2007) (interpretation of 'in connection with' requiring intent in some contexts)
- Sabhnani, 599 F.3d 215 (2d Cir. 2010) (document servitude considerations in trafficking cases)
- Utigard, 126 Cal.App.3d 133 (Cal. Ct. App. 1981) (custodial parent as conduit for accrued child support; private rights in arrearages)
- Comer, 14 Cal.4th 504 (Cal. 1996) (child support rights and needs of minor children; custody considerations)
- Damico, 7 Cal.4th 673 (Cal. 1994) (accrued child support rights vs. custodial parent)
- Spirtos, 443 F.3d 1172 (9th Cir. 2006) (government restitution considerations; minor child interests)
- Estate of Spirtos, 443 F.3d 1172 (9th Cir. 2006) (California law on child support and restitution interplay)