United States v. James Jackson
2012 U.S. App. LEXIS 21070
| 9th Cir. | 2012Background
- Jackson trafficked a 14-year-old for prostitution in Seattle and Portland, abusing and coercing the minor to earn money for drugs and other needs.
- The government charged Jackson with sex trafficking of a minor under 18 U.S.C. §§ 1591(a),(b)(1) after AK’s statements.
- Jackson’s trial was repeatedly continued; competency proceedings began after a court found him incompetent to assist in his defense.
- The Attorney General ordered hospitalization for competency evaluation; transport and delay issues arose before transfer to a federal medical center in 2010.
- A December 2010 competency finding led to a new trial date and further continuances; Jackson pleaded guilty unconditionally on March 3, 2011.
- At sentencing, the district court imposed a 480-month term plus five years’ supervised release and applied a two-level computer-use enhancement under USSG § 2G1.3(b)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy Trial Act waiver impact on appeal | Jackson argues the delay violated the Speedy Trial Act. | Waiver due to unconditional guilty plea forecloses nonjurisdictional challenges. | Waiver and affirmance of judgment. |
| Applicability of the computer-use enhancement | Enhancement should not apply because no direct computer communication with minor. | The computer-use enhancement applies if the computer aided the crime. | Affirmed enhancement; district court not plain error. |
| Preservation of error for sentencing challenge | Argument not raised below in precise form, may be plain error. | Failure to raise specific Guideline interpretation prevents reversal. | Plain-error standard applied; no reversible error found. |
Key Cases Cited
- United States v. Pena-Carrillo, 46 F.3d 879 (9th Cir. 1995) (Speedy Trial Act nonjurisdictional; waiver on guilty plea)
- United States v. Bohn, 956 F.2d 208 (9th Cir. 1992) (Guilty plea waives Speedy Trial Act rights)
- Tollett v. Henderson, 411 U.S. 258 (1973) (Guilty plea waives antecedent constitutional defects)
- United States v. Jacobo Castillo, 496 F.3d 947 (9th Cir. 2007) (Nonjurisdictional waiver; Rule 4(b) issue processing)
- United States v. Baker, 63 F.3d 1478 (9th Cir. 1995) (Specific objection required at sentencing for offense-level adjustments)
- United States v. Gomez-Norena, 908 F.2d 497 (9th Cir. 1990) (Preservation by specific objection; proper objection standard)