United States v. John W. Wolf

787 F.2d 1094
Court of Appeals for the Seventh Circuit·Decided June 6, 1986·No. 85-1218·Published·Cited by 20 cases

Opinions

POSNER, Circuit Judge.

A jury convicted John Wolf of two counts of violating the Mann Act, 18 U.S.C. § 2421, which so far as relevant here makes it a crime knowingly to transport in interstate commerce “any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice.” The judge sentenced Wolf to two years in prison to be followed by three years’ probation, and fined him $3,000, and he appeals, complaining about the judge’s instructions to the jury, the prosecutor’s cross-examination of him, and the effectiveness of his trial counsel.

The jury could have found the following facts against Wolf. In 1980 the church in New Albany, Indiana to which Wolf’s wife and daughter belonged decided to sponsor a refugee family from Southeast Asia. Wolf, who was 67 years old at the time, installed the family in an apartment above his auto-parts business, but in 1981 the family moved out. Between then and 1984 Wolf made a dozen trips to Bangkok, on one of which his translator was a young woman named Wongsaprome with whom Wolf became smitten. Wolf persuaded her to move from Texas to New Albany and live in the apartment above his business. Once she was there he fondled her in a lecherous manner on one occasion and badgered her incessantly to have sexual intercourse with him, but she refused and eventually moved out of the apartment. Wolf’s relationship with Miss Wongsaprome was the basis of Count I of the indictment but the jury hung on this count.

Shortly after she left, Wolf induced a young Cambodian refugee, Chenda Or, to come live in the apartment, by promising to help get her sister (who was languishing in a refugee camp in Thailand) admitted to the United States. Before inviting her to come to New Albany he asked her about her attitude toward sex and whether she had any boyfriends, and tried to embrace her, but his attempt was rebuffed. Miss Or was living in Oklahoma City at the time. She flew to Louisville, Kentucky on a ticket Wolf had given her, and when she arrived he drove her from the airport across the Ohio River to New Albany. He assured her that he would support her. One night she woke up and there was Wolf beside her in the bed, nude, with a leg and arm over her body. Wolf had given her pills which he said were for her tuberculosis but which made her fall asleep, and while she was asleep he entered her locked apartment with his key and took off her clothes as well as his own. She persuaded him to [1097] leave, however, and then tried to kill herself by drinking a bottle of alcohol. A few days later Wolf took her to a mental health center where he was seen rubbing her body until a social worker told him to stop. When Miss Or was discharged from the center he had sexual intercourse with her after brandishing a gun and telling her to take off her clothes. For two weeks they had intercourse every night. Wolf then went off on one of his trips to Thailand and Miss Or left the apartment and eventually went back to Oklahoma. Wolfs relationship with Miss Or was the subject of Count II, on which he was convicted.

Within two months of her departure Wolf had installed in the apartment a Laotian refugee family of five, the Viravongs, whom he had brought from Louisville. Several months after they arrived Wolf began hugging and kissing Mrs. Viravong and asking her to make love to him. Although she refused, he was able to fondle her breasts and put his fingers into her vagina, and he also made her fondle his genitals. Eventually the Viravongs moved out of the apartment. Wolfs relationship with Mrs. Viravong was the subject of Count III, on which he was also convicted.

There is no doubt that Wolf made repeated and improper sexual advances to young oriental women whom he had brought to New Albany. Even if there were some exaggerations in Miss Or’s testimony, it is plain that Wolf exploited the vulnerable status of these refugees for immoral ends and that — not to put too fine a point on it — he is a disgusting person. But even disgusting people are entitled to appellate review of their convictions. This observation is especially pertinent because the Mann Act is not of course , a general regulation of sexual immorality. The primary responsibility for policing sexual misconduct lies with the states rather than the federal government. The Mann Act is merely a prohibition against transporting women across state lines for immoral purposes. The immorality must motivate the transportation. If it does not, the defendant’s immoral conduct is a matter of state rather than federal concern. This point is relevant here in light of Wolf’s testimony that he had a sincere desire to resettle Southeast Asian refugees in the United States and that it was this desire which motivated him to bring them to New Albany.

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United States v. John W. Wolf, 787 F.2d 1094 (7th Cir. 1986).

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United States v. John W. Wolf
787 F.2d 1094 (Seventh Circuit, 1986)