United States v. Jonathan Jenkins

CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 26, 2024
Docket21-4447
StatusUnpublished

This text of United States v. Jonathan Jenkins (United States v. Jonathan Jenkins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Jonathan Jenkins, (4th Cir. 2024).

Opinion

USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 1 of 17

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-4447

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JONATHAN LYNN JENKINS, a/k/a Max,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, District Judge. (5:18-cr-00451-D-1)

Argued: September 19, 2023 Decided: November 26, 2024

Before DIAZ, Chief Judge, and WILKINSON and BENJAMIN, Circuit Judges.

Affirmed by unpublished opinion. Judge Benjamin wrote the opinion, in which Chief Judge Diaz and Judge Wilkinson joined.

ARGUED: Joseph Bart Gilbert, TARLTON LAW PLLC, Raleigh, North Carolina, for Appellant. Lucy Partain Brown, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Michael F. Easley, Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 2 of 17

DEANDREA GIST BENJAMIN, Circuit Judge:

Jonathan Jenkins appeals the district court’s denial of his motion to suppress a video

confession he claims violated Fed. R. Evid. 410 and Fed. R. Crim. P. 11(f), the denial of

his motion to exclude expert testimony about sex trafficking in violation of Fed. R. Evid.

403, and the reasonableness of his sentence. Finding no reversible error, we affirm.

I.

A federal grand jury indicted Jenkins on charges of conspiracy to commit sex

trafficking by force, fraud, and coercion and of a minor, in violation of 18 U.S.C.

§§ 1591(a), (b)(2) and 1594(c) (Count One); sex trafficking by force, fraud, and coercion

of a minor and aiding and abetting, in violation of 18 U.S.C. §§ 1591(a), (b), and 2 (Count

Two); sex trafficking of a minor and aiding and abetting, in violation of 18 U.S.C.

§§ 1591(a), (b)(2), and 2 (Count Three); use of the internet to promote an unlawful business

enterprise and aiding and abetting, in violation of 18 U.S.C. §§ 1592(a)(3) and 2 (Count

Four); and possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1) and

924 (Count Five). Jenkins’ nephew and codefendant, Antoine Lamar Wallace, was also

charged in Counts One through Four. The Government alleged Jenkins and Wallace sex

trafficked young women and girls. Jenkins pled not guilty. Wallace, however, pled guilty

to sex trafficking and testified at trial against Jenkins.

Prior to trial, Jenkins moved to suppress “statements” he contended were protected

plea discussions under Fed. R. Evid. 410 and Fed. R. Crim. P. 11(f), but which the

Government characterized as a voluntary confession. The district court denied Jenkins’

2 USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 3 of 17

motion. As a result, at trial the Government introduced into evidence a two-hour videotape

where Jenkins allegedly admitted to the charged conduct.

Prior to trial, Jenkins also moved to exclude, under Fed. R. Evid. 403, 702, and 703,

the Government’s proposed expert witness, Dr. Sharon Cooper, a forensic and

developmental behavioral pediatrician. The court likewise denied that motion, and Dr.

Cooper testified at trial.

After a week-long trial, a jury convicted Jenkins on all counts. The district court

sentenced Jenkins to life on Counts One, Two, and Three, to be served consecutively; 60

months’ imprisonment on Count Four, to be served concurrently to Counts One, Two, and

Three; 120 months’ imprisonment on Count Five, to be served concurrently to Count Four;

and 5 years supervised release on Counts One, Two, and Three and 3 years supervised

release on Counts 4 and 5, all to run concurrently. After the district court entered an

amended judgment on August 11, 2022, Jenkins timely appealed. We have jurisdiction

under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).

II.

Jenkins contends that admission of the videotape violated Fed. R. Evid. 410 and

Fed. R. Crim. P. 11(f) and denied him a fair trial. Assuming without finding the district

court erred in admitting the videotape, the error was harmless. The evidence the

Government put forth to establish Jenkins’ guilt was extensive and compelling. We repeat

much, though not all, of it here. The following is based on testimony from Jenkins’ victims,

Wallace, and law enforcement.

3 USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 4 of 17

A.

Wallace began pimping in the fall of 2014. Wallace was inexperienced, however,

and enlisted Jenkins—fresh out of jail for second degree murder—for help. The sex

trafficking conspiracy involved five main prostitutes/victims, though others came and

went. Two were 17 years old. 1 The operation lasted almost a year.

Jenkins initiated victims into his sex trafficking conspiracy with a “test.” This

meant forced sex with him and his nephew. Working hours were “[a]ll day, every day.”

E.g., J.A. 345, 369, 561. If a victim was menstruating, Jenkins had her “stick a makeup

sponge up there” and keep working. J.A. 345. Jenkins set the rules and prices for “dates,”

served as “security,” and took all money for himself and his nephew. J.A. 344–45, 672.

Jenkins required his victims “to be the perfect bitch.” J.A. 370. This meant calling

Wallace “Daddy,” cleaning his house, and taking care of his children. J.A. 369–70, 761.

It also meant, when in public, walking only at Wallace’s sides and opening all doors before

he could touch them. The punishment for disobedience was being choked out, punched in

the chest, “or whatever type of punishment they felt was feasible at the moment.” J.A. 370.

Jenkins marketed the victims on Backpage, a classifieds website used mainly for

finding prostitutes. Though sometimes the victims assisted him, Jenkins wrote and posted

the ads himself.

1 J.R. (nickname “Jazzy”) and B.H. (nickname “Princess”) were seventeen years old. The jury did not find, however, that Jenkins acted “knowing or in reckless disregard of the fact . . . that [Princess] had not attained the age of 18.” Appellee Br. at 12. 4 USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 5 of 17

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kotteakos v. United States
328 U.S. 750 (Supreme Court, 1946)
Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (Supreme Court, 1993)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
Edwards v. Shinseki
582 F.3d 1351 (Federal Circuit, 2009)
United States v. Byers
649 F.3d 197 (Fourth Circuit, 2011)
United States v. Harald Olav Nyman
649 F.2d 208 (Fourth Circuit, 1980)
United States v. Michael Stevens
455 F. App'x 343 (Fourth Circuit, 2011)
United States v. Ibisevic
675 F.3d 342 (Fourth Circuit, 2012)
United States v. Robert Lyle Pierce
17 F.3d 146 (Sixth Circuit, 1994)
United States v. Nigel D. Ince
21 F.3d 576 (Fourth Circuit, 1994)
United States v. Kevin M. Hare
49 F.3d 447 (Eighth Circuit, 1995)
United States v. Michael Craig Patterson
150 F.3d 382 (Fourth Circuit, 1998)
United States v. Andre Lavon Taylor
239 F.3d 994 (Ninth Circuit, 2001)
United States v. Williams
61 F. App'x 847 (Fourth Circuit, 2003)
United States v. Udeozor
515 F.3d 260 (Fourth Circuit, 2008)
United States v. Siegel
536 F.3d 306 (Fourth Circuit, 2008)
United States v. Mohammad Hassan
742 F.3d 104 (Fourth Circuit, 2014)
United States v. Danilo Garcia
752 F.3d 382 (Fourth Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
United States v. Jonathan Jenkins, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jonathan-jenkins-ca4-2024.