United States Ninth Circuit

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US v. Davis, 15-10402

Sentence and convictions for sexual exploitation of a minor, 18 U.S.C. section 2251(a), and attempted sex trafficking of a minor, 18 U.S.C. section 1591(a), are: 1) affirmed as to section 2251(a) conviction; 2) reversed as to section 1591(a) conviction; and 3) vacated as to sentence, and remanded for further proceedings where a constructive amendment of the indictment occurred, where the section 1591(a) charge required the government to prove beyond a reasonable doubt that the defendant affirmatively knew of the minor's age or that he recklessly disregarded her minority status, but the jury instructions and the government's closing argument stated that the jurors could convict, even without a finding as to knowledge or recklessness, so long as they determined that the defendant had a reasonable opportunity to observe the minor.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/14

Judges

  • TASHIMA

Court

  • United States Ninth Circuit

Counsel


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