United States v. Harold Davis
711 F. App'x 254
| 6th Cir. | 2017Background
- Davis recruited a 17-year-old (D.B.) into a prostitution operation run with his then-girlfriend, using Backpage.com and hotel rooms in Memphis.
- Police stopped Davis’s car after leaving a hotel, found condoms, lingerie, lubricant, and an ad on Backpage linking Davis’s phone number to photos of Rivera and D.B.
- D.B. initially gave false identifying information; later investigation established she was seventeen. Davis claimed he believed she was nineteen.
- A grand jury indicted Davis under 18 U.S.C. § 1591 for sex trafficking a minor (count 1) and § 1952 (count 2); the indictment expressly cited § 1591(c).
- A jury convicted Davis on both counts; he was sentenced to 151 months’ imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive amendment of indictment | Government did not add new elements; indictment cited § 1591(c) | Davis: jury instruction letting conviction rest on §1591(c) (reasonable-opportunity substitute for knowledge) constructively amended the indictment | No constructive amendment; indictment cited §1591(c) and evidence/instructions tracked that statute |
| Sufficiency of evidence for §1591(c) (reasonable opportunity to observe) | Government: evidence (meeting D.B., photos for Backpage ad, bringing her to hotel and introducing her) supports a reasonable-opportunity finding | Davis: disputed he had opportunity/knowledge of her age; claimed she said she was 19 | Evidence was sufficient; a rational juror could find Davis had a reasonable opportunity to observe D.B. |
Key Cases Cited
- Stirone v. United States, 361 U.S. 212 (1960) (constructive amendment doctrine protects grand jury function)
- United States v. Kuehne, 547 F.3d 667 (6th Cir. 2008) (test for constructive amendment: indictment, evidence, instructions, verdict form)
- United States v. Hynes, 467 F.3d 951 (6th Cir. 2006) (constructive amendments are per se prejudicial)
- United States v. Miller, 471 U.S. 130 (1985) (indictment need only set out crime and elements sufficiently)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)