United States v. Daron Lee Jungers

702 F.3d 1066, 2013 WL 57885
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 7, 2013
Docket12-1006, 12-1100
StatusPublished
Cited by40 cases

This text of 702 F.3d 1066 (United States v. Daron Lee Jungers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Daron Lee Jungers, 702 F.3d 1066, 2013 WL 57885 (8th Cir. 2013).

Opinion

RILEY, Chief Judge.

Separate juries convicted Daron Lee Jungers and Ronald Bonestroo (collectively, defendants) of attempted sex trafficking of a minor, in violation of the Trafficking Victim Protection Act of 2000 (TVPA). 1 The district court in each case granted each defendant’s motion for judgment of acquittal under Fed.R.Crim.P. 29. The government appeals. Having jurisdiction under 18 U.S.C. § 3731, we reverse. See United States v. Boesen, 491 F.3d 852, 855 (8th Cir.2007).

I. BACKGROUND

In February 2011, state and federal law enforcement officers working undercover in Sioux Falls, South Dakota, placed several online advertisements in an effort to apprehend individuals seeking to obtain children for sex. Officers pretended to be a man offering his girlfriend’s underage daughters for sex while his girlfriend was out of town.

Jungers and Bonestroo each responded to the advertisements. After several emails discussing details about the girls, their ages, and the rates for sex, and after receiving an age-regressed photograph of adult female officers, Jungers indicated he wanted an eleven-year old girl for an hour *1068 so she could perform oral sex on him. Jungers then traveled from Sioux City, Iowa, to the house in Sioux Falls that law enforcement officers were using for the undercover operation. Jungers confirmed he would pay to receive oral sex from the eleven-year-old girl, but indicated he was uncomfortable doing so at the house and would prefer to take the girl with him instead. Police arrested Jungers when he entered the house.

Bonestroo also agreed to meet an undercover agent at the house after several emails and recorded telephone conversations about the girls and the rates for sex with them. After receiving an age-regressed photograph, Bonestroo agreed to pay $200 to have sex with the fourteen-year-old twin girls for an hour. When Bonestroo arrived at the house, he asked if the twins were there and showed the undercover officer the money he brought to complete the transaction. Officers arrested Bonestroo shortly thereafter.

Jungers and Bonestroo were each charged with attempted commercial sex trafficking, in violation of 18 U.S.C. §§ 1591 and 1594(a). At their respective trials, neither Jungers nor Bonestroo presented any evidence in defense. Rather than challenge the facts, both argued they were merely consumers or purchasers of commercial sex acts, not “sex traffickers” of children. The defendants each timely moved for judgment of acquittal pursuant to Fed.R.Crim.P. 29(a) on that basis. The district court in each case took the motions under advisement. Jungers’s and Bonestroo’s respective juries found them guilty.

On December 5, 2011, the district court in Jungers’s case acquitted Jungers and discharged him from confinement, finding the “evidence presented at trial [was] legally insufficient to support a conviction for sex trafficking under § 1591.” The district court reasoned “the purpose of § 1591 is to punish sex traffickers and that Congress did not intend to expand the field of those prosecuted under that statute to those who purchase sex made available by traffickers.”

On January 4, 2012, the district court in Bonestroo’s case likewise acquitted Bonestroo of his conviction under §§ 1591 and 1594(a) because of insufficient evidence and discharged him from confinement. The district court concluded “[a]l-though a bare reading of at least one of these three verbs [recruits, entices, and obtains] may support a determination that § 1591 was meant to encompass purchasers of sex acts from minors, the entire language and design of the statute as a whole indicates that it is meant to punish those who are the providers or pimps of children, not the purchasers or the johns.” The government appeals both orders, arguing “[t]here is no ‘customer exception’ to 18 U.S.C. § 1591.”

II. DISCUSSION

A. Standard of Review

A district court “must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.” Fed.R.Crim.P. 29(a).

In reviewing a district court’s grant of a motion for a judgment of acquittal, this court reviews the sufficiency of the evidence de novo, viewing evidence in the light most favorable to the government, resolving conflicts in the government’s favor, and accepting all reasonable inferences that support the verdict. The standard of review is very strict, and we will reverse a conviction only if we conclude that no reasonable jury could have found the accused guilty beyond a reasonable doubt.

United States v. Ward, 686 F.3d 879, 882 (8th Cir.2012) (quoting United States v. Johnson, 639 F.3d 433, 437-38 (8th Cir. *1069 2011)) (quotation marks omitted). “When a sufficiency argument hinges on the interpretation of a statute, we review the district court’s statutory interpretation de novo.” United States v. Reed, 668 F.3d 978, 982 (8th Cir.2012) (quoting United States v. Gentry, 555 F.3d 659, 664 (8th Cir.2009)) (internal quotation marks omitted).

B. Plain Meaning of 18 U.S.C. § 1591

Section 1591 prohibits knowingly recruiting, enticing, harboring, transporting, providing, obtaining or maintaining “a minor, knowing the minor would be caused to engage in commercial sex acts.” 2 United States v. Elbert, 561 F.3d 771, 777 (8th Cir.2009). Section 1594(a) makes an attempted violation of § 1591 a federal crime.

Since Congress enacted § 1591 on October 28, 2000, as part of the TVPA, the lion’s share of prosecutions under § 1591 have involved offenders who have played some part in supplying commercial sex acts. See, e.g., United States v. Chappell, 665 F.3d 1012, 1014 (8th Cir.2012); United States v. Palmer, 643 F.3d 1060, 1063 (8th Cir.2011). In United States v. Cooke, 675 F.3d 1153, 1155 (8th Cir.2012), we affirmed the conviction of an attempted purchaser under § 1591, but did not consider the issue raised in this appeal. Accord United States v. Strevell, 185 Fed.Appx. 841, 844-46 (11th Cir.2006) (unpublished per curiam) (affirming conviction of attempted purchaser of sex from a minor in violation of §§ 1591 and 1594).

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Bluebook (online)
702 F.3d 1066, 2013 WL 57885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-daron-lee-jungers-ca8-2013.