United States First Circuit

Conviction for interstate travel with the intent to engage in an illicit sexual act is affirmed over claims that: 1) the district court erroneously determined that defendant voluntarily consented to his computer's confiscation because it was only the detective's false promise to arrange a prompt return of critical work-related material on the computer that induced his consent; 2) the district court erred in giving an Allen v. U.S. charge in response to the jury's announced deadlock because the instruction's language and the attendant circumstances likely would have coerced jurors into abandoning their conscientiously held views of the evidence in order to achieve a unanimous verdict; and 3) prosecutor engaged in misconduct by deliberately distorting evidence of defendant's intent to engage in illicit sexual conduct. Sentence is vacated and remanded where Kimbrough v. U.S. was not available to the district court when it made its sentencing decision.

Appellate Information

• Decided 09/17/2008
• Published 09/17/2008

Judges

Court

• United States First Circuit

Counsel