United States v. Richard Roman
795 F.3d 511
| 6th Cir. | 2015Background
- Roman, a defendant, pleaded guilty conditionally to attempting to use interstate means to persuade a minor to engage in sex.
- Undercover agent Seig, posing as a father for an 11-year-old girl, communicated with Roman via Craigslist and text messages.
- Roman sought to obtain the minor’s assent through the intermediary and discussed sexual acts with the minor.
- Roman argued the communications were with an adult decoy and not a minor, challenging indictment/vindication under §2422(b).
- District court denied motions to dismiss the indictment and superseding indictment; Roman received a below-Guidelines sentence after a conditional plea.
- The Sixth Circuit affirmed, holding that communications via an adult intermediary can satisfy §2422(b) if aimed at obtaining the minor’s assent and constitute a substantial step toward the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §2422(b) requires direct minor contact | Government argued intermediary communications can satisfy §2422(b) | Roman argued only intermediary contact cannot violate §2422(b) | Yes; intermediary communications can violate §2422(b) when aimed at minor assent. |
| Whether substantial steps can be proven via intermediary-led persuasion | Government contends substantial step shown by intermediary-initiated actions to obtain assent | Roman contends no direct minor contact, so no substantial step | Yes; substantial steps can be shown through intermediary-directed efforts to secure minor assent. |
Key Cases Cited
- United States v. Hart, 635 F.3d 850 (6th Cir. 2011) (elements of §2422(b) and the need to target minor assent)
- United States v. Hite, 769 F.3d 1154 (D.C. Cir. 2014) (intermediary communications aimed at persuading a minor to assent)
- United States v. McMillan, 744 F.3d 1033 (7th Cir. 2014) (intermediary-based attempts can support §2422(b) convictions)
- United States v. Lee, 603 F.3d 904 (11th Cir. 2010) (intermediary communications can achieve the minor’s assent)
- United States v. Harmon, 593 F. App’x 455 (6th Cir. 2014) (unpublished; reaffirmed intermediary-based attempt conviction under §2422(b))