United States Second Circuit

Defendant's forced labor conviction under the Trafficking Victims Protection Act (TVPA) is affirmed where defendant offered no explanation for how his pre-enactment conduct differed from his post-enactment conduct in a manner that would lead the court to conclude that there was a reasonable probability that the jury would not have convicted defendant absent the district court's due process error. However, defendant's conviction for sex trafficking under the TVPA is vacated where there was a reasonable probability that the erroneous jury charge affected the outcome of the trial and affected the fairness, integrity or public reputation of the proceedings.

Appellate Information

• Decided 12/07/2010
• Published 12/07/2010

Judges

• Richard Wesley

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Herald Price Fahringer, Pamela Chen