Академический Документы
Профессиональный Документы
Культура Документы
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:10cr-00654-RWT-1)
Argued:
Decided:
PER CURIAM:
A
federal
enticing
violation
jury
minor
of
18
convicted
to
engage
U.S.C.
Franesiour
in
illegal
2422(b),
his
conviction
and
Kemache-Webster
sexual
and
the
activity
district
of
in
court
sentence.
With
regard
to
his
his
evidence
motion
for
(b)
abused
and
evidentiary
rulings.
acquittal
its
With
based
on
discretion
regard
to
insufficiency
by
his
making
sentence,
of
several
Kemache-
we affirm.
I.
In late 2008, Kemache-Websters daughter Nikki, who was
14 years old and had been living with her mother, came to live
with Kemache-Webster in Washington, D.C.
prison
in
Illinois
for
writing
bad
check.
Soon
that
Kemache-Webster
and
2
Nikki
revealed
had
(in graphic
maintained
an
The
of
backwards).
their
which
would
be
named
NeVaeh
(Heaven
spelled
reunion,
which
was
to
occur
immediately
after
his
position
accomplished.
Nikki
kind.
[would]
be
acted
upon,
assisted
and
fully
(J.A. 429.)
responded
to
Kemache-Websters
communications
in
(S.S.A. 013.)1
sentencing
hearing,
the
district
court
sentenced
II.
We
turn
now
to
Kemache-Websters
contention
that
the
The
We review
light
Burks
v.
most
favorable
to
United
States,
437
the
U.S.
government,
1,
17
to
(1978).
support
it.
Substantial
bringing
sufficiency
challenge
must
overcome
Kemache-Websters conviction.
18
U.S.C.
persuade[],
2422(b)
induce[],
makes
entice[],
it
or
illegal
to
coerce[]
knowingly
any
individual
18 U.S.C. 2422(b).2
violation.
Both
parties
here
agree
that
Kemache-
intentional
assent.
attempt
to
achieve
mental
statea
minors
Thus, it is
irrelevant whether the defendant and the minor have sex because
the crime is complete when the minor assents.
On appeal, Kemache-Webster contends that the district court
should have granted his motions for acquittal since the evidence
against him was insufficient in two ways.
First, he contends
charged
the
statute,
without
jury
not
the
evidence
on
the
attempt
of
completed
prong,
Nikkis
violation
the
assent.
jury
prong
could
Second,
not
of
the
convict
Kemache-Webster
contends that the jury could not have found that the sexual
activity Kemache-Webster proposed to Nikki was illegal since the
evidence showed that the activity was to occur in Washington,
D.C.,
and
the
district
court
only
6
instructed
the
jury
that
incest
was
illegal
in
Maryland.
We
address
these
two
contentions in turn.
A.
Kemache-Websters
first
contentionthat
there
was
. . .
you are
and
bear
his
child.
(S.S.A.
013.)
Thus,
now asserts that the law of Washington, D.C., should have been
charged because the evidence at trial included specific plans
for post-incarceration sex in Washington, D.C., but no specific
3
we
will
not
reverse
unless
Kemache-Webster
can
error
affects
substantial
rights;
and
(4)
the
court
Kemache-
even
if
we
assume
error
in
charging
the
proper
show
that
the
error
affected
his
III.
Kemache-Webster also contends that the district court made
three erroneous evidentiary rulings, which we review for abuse
of discretion.
Cir. 2010).
meaningful
context
correspondence.
to
Second,
the
admitted
Kemache-Webster
portions
contends
of
the
that
the
district
court
ruled
that
Nikkis
On this point,
alleged
behavioral
problems were not relevant to any issue that the jury needed to
decide.
lay
opinion
communications
between
testimony,
based
Kemache-Webster
upon
and
his
Nikki,
review
as
to
of
the
that
the
investigators
9
testimony
was
admissible
as
IV.
Finally,
reviewing
Kemache-Webster
any
significantly
deferential
sentence,
outside
challenges
whether
the
inside,
Guidelines
abuse-of-discretion
his
just
range,
standard.
sentence.
In
outside,
we
Gall
apply
v.
or
a
United
51.
If,
and
only
if,
we
find
the
sentence
procedurally
States
v.
Carter,
564
F.3d
325,
328
(4th
Cir.2009)
challenges,
Kemache-Webster
contends
As for the
that
the
10
explain
3553(a).
and
the
factors
set
forth
in
18
U.S.C.
be meritless.
court
apply
relied
the
Sentencing
Guidelines
to
calculate
the
Moreover, Kemache-
Marylands
district
court
penalty
noted
for
actual
numerous
incest.
reasons
for
However,
imposing
the
life
circumvent
court
orders,
and
failure
to
accept
the
11
V.
For
the
foregoing
reasons,
we
affirm
Kemache-Websters
12