491 F. App'x 775
8th Cir.2012Background
- Warren was convicted of interstate transport to engage in prostitution (18 U.S.C. § 2421) and sex trafficking of a minor (18 U.S.C. § 1591).
- District court sentenced Warren to 46 months and 132 months, to be served concurrently.
- Warren challenges the sufficiency of the evidence for both convictions.
- Witness Larisha Duncan testified she was a Minnesota prostitute who Warren helped and controlled financially.
- Duncan testified Warren knew her prostitution activities, helped post ads, booked hotel rooms, and kept most of her earnings.
- On March 18, 2009, Warren transported Duncan to a date in Minnesota, and they later collected Duncan’s 15-year-old sister, C.D., for a client who allegedly wanted a younger girl.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for intent to prostitute | Warren intended Duncan to engage in prostitution. | Evidence does not prove intended prostitution. | Sufficient evidence supports the intent element. |
| Sufficiency of evidence of knowing minor would be caused to engage in a commercial sex act | Duncan's testimony showed Warren knew a client wanted a younger girl and he was aware of the plan for C.D. | Credibility issues negate knowledge of a commercial sex act. | Sufficient evidence supports knowledge of a commercial sex act. |
Key Cases Cited
- United States v. Close, 518 F.3d 617 (8th Cir. 2008) (standard for sufficiency review)
- United States v. Vanover, 630 F.3d 1108 (8th Cir. 2011) (credibility is jury’s province; review of evidence deferential)
- United States v. Jones, 16 F.3d 275 (8th Cir. 1994) (intent may be proven by circumstantial evidence)