United States v. Luisa Vargas
673 F. App'x 393
| 5th Cir. | 2016Background
- Vargas operated a Houston apartment-based prostitution business that primarily employed Hispanic, undocumented immigrants.
- Victim E.R.J., a 14-year-old Mexican national, testified she came to Texas to work as a prostitute and paid Vargas rent and a split of earnings.
- Multiple witnesses (including other workers and a promoter/security person) testified they were undocumented and that most workers were from Mexico, Honduras, El Salvador, or Colombia.
- A tipster who learned some workers were underage alerted law enforcement; police raided the complex.
- Vargas was indicted on conspiracy to commit sex trafficking, sex trafficking counts for A.L.T. and E.R.J., and harboring undocumented aliens; after a bench trial she was convicted of sex trafficking E.R.J. (minor) and harboring undocumented aliens, acquitted on the conspiracy and trafficking A.L.T. counts.
- The district court found Vargas knew she was dealing with undocumented immigrants; Vargas appealed, challenging sufficiency of evidence on the interstate/foreign commerce nexus for § 1591.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence sufficed to prove the interstate/foreign commerce nexus for sex trafficking of a minor under 18 U.S.C. § 1591(a)(1) | Government: rental of the apartment and other commercial activity sufficed to show effect on interstate commerce | Vargas: no evidence of use of interstate channels (hotels, phones, out-of-state purchases); victim origin is irrelevant to nexus | Court: Sufficient evidence. Renting an apartment for the prostitution business affects interstate commerce; substantial evidence supports conviction. |
Key Cases Cited
- United States v. Shelton, 325 F.3d 553 (5th Cir. 2003) (bench-trial guilty finding reviewed for any substantial evidence)
- United States v. Rosas-Fuentes, 970 F.2d 1379 (5th Cir. 1992) (standard for reviewing sufficiency of evidence)
- United States v. Phea, 755 F.3d 255 (5th Cir. 2014) (discussion of interstate nexus proof and jury instruction language)
- Russell v. United States, 471 U.S. 858 (1985) (rental of real estate is an activity that affects interstate commerce)
- United States v. Meshack, 225 F.3d 556 (5th Cir. 2000) (renting property implicates interstate commerce)