United States v. John Allen Root

296 F.3d 1222, 2002 U.S. App. LEXIS 13852, 2002 WL 1473142
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 10, 2002
Docket01-14945
StatusPublished
Cited by123 cases

This text of 296 F.3d 1222 (United States v. John Allen Root) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. John Allen Root, 296 F.3d 1222, 2002 U.S. App. LEXIS 13852, 2002 WL 1473142 (11th Cir. 2002).

Opinions

HULL, Circuit Judge:

A federal jury convicted Appellant John Allen Root-of one count of attempting to persuade a minor to engage in criminal sexual activity, in violation of 18 U.S.C. § 2422(b), and one count of traveling in interstate commerce for the purpose of engaging in a criminal sexual act with a. minor, in violation of 18 U.S.C. § 2423(b). Root appeals his conviction and sentencing enhancement based on the fact, that the “minor” involved was not an actual minor, but an undercover law enforcement officer. After review and oral argument, we affirm Root’s conviction and sentence.

[1224]*1224■ I. BACKGROUND

• A. Root’s Conversations with “Jénny”

Waylon Howell is an investigator with the' Sheriffs Department of Gwinnett County, Georgia, and was assigned to the FBI’s Innocent Images Task Force. Under the screen name “Jenny30043,” Agent Howell logged on to an America Online (“AOL”) chat room entitled “I Love Older Men.”1 Agent Howell had listed himself in his AOL profile as “Jenny,” a single female student of an unspecified age living in Lawrenceville, Georgia, who was interested in music, chatting, movies and shopping.2 Agent Howell did not send any private e-mails or distribute any messages immediately upon entering the chat room. But within five minutes he received instant messages3 addressed to Jenny from multiple AOL users in the chat room. One of the . messages came from Root, whose screen. name was “JAR102353.”4 In his first private message to Jenny, Root said “good afternoon jenny, intriguing profile you have, big john here from nc. how are ya?”

Over the next three days, Jenny and Root then engaged in numerous private conversations. The agent portraying Jenny engaged in a steady repartee with Root designed to mimic a child’s ignorance, insecurities and mannerisms, including, misspellings and popular Internet slang.5 On the fourth day, Root traveled from his home in North Carolina to meet Jenny in Georgia, where he was arrested. We first review Root’s conversations with Jenny during the three days prior to his arrest.

B. December 19 Conversations

After Root introduced himself as “big john” on the afternoon of Tuesday, December 19, 2000, Root said he was a man who had “just turned 47” and lived in the Charlotte, North Carolina, area. Shortly thereafter, Root asked, “how old are you jenny,” and the agent responded, “im [sic] 13.”

On that first afternoon, between 2:34 p.m. and 5:31 p.m., Root traded instant messages with Jenny from his office. At trial, the transcript of those messages showed Root did the following:

• Told Jenny that she was “at the age you need to learn some things” such as “how to have pleasure” and “experiment with your body on what makes it feel good.”
• Said he wished he could feel her small breasts, wanted to kiss her “little nipples,” offered to “kiss in between your legs,” and asked if she would “let me finger you jenny if i was there now.”
[1225]*1225• Asked Jenny to “rub my cock” with “your little hands” and “lick it too.” He said that touching a man’s genitalia “gives you power” and that he knew “girls your age who have already done it. all the way.” He added that he had “never been with one your age” but “would like to.”
• Said “i want to do you so bad,” and asked Jenny if she “wantfed] to f— me.” He explained that sex might hurt “a little,” but that he would be “gentle” and “patient” and “not put in more than you can take.”
• Said that everything would be fine “long as we dont [sic] get caught.”

During this conversation, which also involved Root describing masturbation, ejaculation, orgasms and his being “fixed,” Root asked if Jenny could “get away for part of a day or nite” to meet him. Root, who also asked Jenny to send him a picture of herself, said he would drive to Georgia “if you will f— me.” Jenny, who said she was unfamiliar with some of the sexual terms Root was using and did not have many friends because she was home schooled, suggested meeting Root that Friday at the Mall of Georgia when her mother dropped her off at the movies. Root said that would be “perfect,” adding, “if you will get my cock off i will meet you anywhere.”

C. December 20 Conversations

The next afternoon, Root reinitiated the conversation at 1:20 p.m., and the ensuing three instant message sessions concluded at 5:28 p.m. During these sessions, Root did the following:

• Said he was “horny” and excited thinking about their planned meeting, during which he would “teach you.” He added that Jenny should “think of spreading your legs so i can put my cock in you.”
• Told Jenny he “cant [sic] wait to ... feel your tiny little body in my arms” and “cant [sic] wait to feel your pussy around my cock jenny.”
• Received Jenny’s picture, which was an actual picture of a teenage girl sent by Agent Howell. Root said Jenny was “beautiful” and a “smart young pretty lady.” He added, “i want you so bad ... even more after i saw you.”
• Told Jenny she would “love f — ing,” that he would be “very gentle,” and that “once you have my cock in you, it will feel so good, you will love to ride it" and feeel [sic] it' in you.”
• Set a definite time and location for meeting Jenny — 3 p.m. on Friday, December 22, 2000, outside the Mall of Georgia’s Old Navy store. Root told Jenny he would be “the tall guy with a bulge in his crotch.”
• Told Jenny he would “have you” on Friday, that she would “learn lots,” did not need to be nervous and did not need to worry about how much money to bring.

This conversation also included references by Root to Jenny rubbing his genitalia to “make big john feel good” and ejaculate, kissing him and learning “how to give blowjobs.” He said he wanted to touch her “little nipples,” make her “moan and scream,” and “put a finger in you,” and reassured her that sexual activity would not cause pain. “[I]f it starts to, i will go easier,” Root stated.

D. December 21 Conversations

On Thursday, December 21, 2000, Root and Jenny engaged in a final instant message session between 10:38 a.m. and 11:42 a.m. Root again initiated the conversation, during which he:

• Told Jenny, who said she could not sleep because she was thinking about [1226]*1226their planned meeting, that he was “nervous too” because “i could get in a lot of trouble if we get caught ... cause you are so young.” He added, “if your parents found out they could lock me up for years ... this is just between you and me.”
• Said he wanted to kiss Jenny, lick her nipples and engage in oral sex with her. He added that he would “teach you” to perform oral sex.

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Bluebook (online)
296 F.3d 1222, 2002 U.S. App. LEXIS 13852, 2002 WL 1473142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-allen-root-ca11-2002.