United States v. Lavont Flanders, Jr.
752 F.3d 1317
| 11th Cir. | 2014Background
- Flanders and Callum fraudulently lured women to South Florida, drugged them with benzodiazepines, filmed sexual acts, and distributed the footage.
- A six-day trial resulted in convictions on multiple counts of sex trafficking by fraud and related conspiracy and narcotics offenses; life sentences were imposed.
- Evidence included victims’ testimonies, videos, and extensive seizures from 2007 and 2011 searches showing release forms, videos, and emails.
- Flanders was charged with Alprazolam distribution; Callum operated a pornographic company distributing the videos.
- A final order of forfeiture was entered; Flanders challenged aspects of sentencing and forfeiture while appealing, and a separate appeal questioned grand jury disclosure and Brady claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment sufficiency for drug counts | Counts cite § 841(b) rather than § 841(a). | Citation defect prejudiced defendant. | Indictment sufficient; harmless error. |
| Sufficiency of evidence for conspiracy | Evidence showed agreed fraud and overt acts. | Credibility issues with victims negate guilt. | Evidence adequate; conspiracy counts upheld. |
| Upward departure under § 5K2.8 | Departure warranted by unusually heinous conduct. | Departure was improper due to procedural flaws. | No abuse of discretion; upward departure affirmed. |
| Public-trial right and closure | Partial closure violated public trial right. | Closure was improper and prejudicial. | No violation; partial closure upheld under standard. |
Key Cases Cited
- United States v. Pacchioli, 718 F.3d 1294 (11th Cir. 2013) (waiver rules for Rule 12 defenses)
- United States v. Pena, 684 F.3d 1137 (11th Cir. 2012) (indictment validity when elements charged and notice provided)
- United States v. Elgersma, 929 F.2d 1538 (11th Cir. 1991) (elements-based review of indictment adequacy)
- United States v. White, 663 F.3d 1207 (11th Cir. 2011) (circumstantial proof of conspiracy due to secretive nature)
- United States v. Browne, 505 F.3d 1229 (11th Cir. 2007) (standards for reviewing sufficiency of evidence)
- United States v. Beckles, 565 F.3d 832 (11th Cir. 2009) (sentencing-and-guidelines procedural review)