United States Fifth Circuit

Conviction and sentence for sex trafficking of children are affirmed where: 1) a jury instruction correctly conveyed the law; 2) testimony from a prosecution witness should have been excluded, but the error was harmless; 3) the district court did not abuse its discretion in allowing expert witness testimony since the testimony was both reliable and relevant; 4) the district court properly quashed a subpoena for a judge based on the mental process rule; and 5) the district court did not err in applying sentencing enhancements, and an upward departure was not an abuse of discretion.

Appellate Information

• Decided 02/17/2009
• Published 02/18/2009

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Bertram A. Isaacs (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Daucie Shefman Schindler (argued), The Shefman Law Group, Houston, TX, David B. Adler, Bellaire, TX, for Anderson.