United States v. Juan Robles Zavala

681 F. App'x 448
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 3, 2017
Docket16-5139
StatusUnpublished

This text of 681 F. App'x 448 (United States v. Juan Robles Zavala) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Juan Robles Zavala, 681 F. App'x 448 (6th Cir. 2017).

Opinion

DAMON J. KEITH, Circuit Judge.

Juan Alberto Robles Zavala (“Zavala”) appeals his conviction for attempting to induce a minor to engage in sexual activity in violation of 18 U.S.C. § 2422(b). Zavala argues that: (1) the evidence was insufficient to support his conviction; (2) the district court improperly instructed the jury; and (3) the district court abused its discretion by allowing testimony concerning unrelated undercover investigations. We AFFIRM.

*450 I. BACKGROUND

Zavala was a paid subscriber of Getl-tOn.com, an adult sexual website. On October 13, 2014, Zavala sent a message to KelliWilliams (“Kelli”), another profile on the website KelliWilliams’ profile stated that Kelli needed “a teacher for taboo” and was “[l]ooking for an experienced dom wanting to train.” The profile stated, “I have myself and a younger version of me.” Kelli responded to Zavala by providing her e-mail address, which he contacted on October 18, 2014. Zavala asked Kelli whether she thought the. relationship would work, to which she replied, “If you are' wanting to train my little me.” Kelli explained that her “little me” is “younger and curious” and “almost a mirror image of [Kelli] at her age.” On November 21, 2014, Kelli explained that she was “looking discreetly for someone for [her] daughter ... she has become interested in sex....” On November 13, 2014, Kelli asked Zavala “how low” he goes, and on November 23, 2014, Zavala replied, “age is not [a] problem if > 12 and you are present and support the situation.” In another e-mail, Zavala stated that he “also know[s] about legal risks” but that he was “building trust.” Kelli sent Zavala a picture of her daughter, “Amy,” to which Zavala replied, “[s]he is really beautiful, her eyes and smile are capturing my mind!” Zavala also began sending messages for Amy to Kelli, and explained what he wanted to do with Amy, sexually. Zava-la scheduled a date and time to meet Kelli and her daughter at a hotel, and to engage in sexual activity with Amy. Unbeknownst to Zavala, undercover law enforcement agents maintained the KelliWilliams profile. Thus, when Zavala went to the hotel to meet with Kelli and Amy, agents promptly arrested him for attempting to induce a minor to engage in sexual activity. Zavala waived his Miranda rights and told agents that he knew “that it’s not right ,.. to have sex with a child.”

At trial, the government asked the undercover officers questions concerning other investigations they conducted on Getl-tOn.com. Over defense counsel’s objection, the jury heard that at least fifteen individuals had contacted the KelliWilliams profile on GetItOn.com since it was posted. An officer testified that once Kelli disclosed that her “little me” was twelve years old, some would say “that’s too young. That’s illegal, and I want nothing to do with it.” The officer testified that she would then cease communication. Over defense counsel’s objection, another officer testified that once an individual has communicated with a minor about sex, investigators want to get him or her to “a particular location ,.. [because] you can certainly determine if that individual had the intent to have sex with that child, if they show up at the appointed place with condoms in them pocket, et cetera.”

Zavala testified on his own behalf, Zava-la told the jury that he believed Amy was .a real twelve-year-old girl until November 30, 2014, when he started to believe that Kelli was role-playing the part of the minor child.

The district court instructed the jury that it was to find whether the government proved beyond a reasonable doubt the following:

First, that the defendant knowingly used a means or facility of interstate or foreign commerce; that is, the Internet, [facsimile] or telephone, a computer, or email to attempt to persuade, induce, or entice an individual under the age of 18 years to engage in unlawful sexual activity.
Second, that the defendant believed the individual was under—under the age of 18.
Third, that if sexual activity had occurred the defendant could have been *451 charged with a criminal offense under state law.
Fourth. That the defendant did some overt act that was a substantial step towards committing the crime of using interstate commerce to entice the minor to engage in unlawful sexual activity.

The jury convicted Zavala as charged, and he was sentenced to 120 months’ imprisonment. Zavala timely appealed. Zava-la argues that the evidence was insufficient to convict him, that the district court’s jury instruction was erroneous, and that the district court abused its discretion when it allowed the officers’ testimony regarding other investigations.

II. DISCUSSION

A. Sufficiency of the Evidence

We review a challenge to the sufficiency of evidence de novo. United States v. Owens, 426 F.3d 800, 808 (6th Cir. 2005) (citation omitted). However, we view “the evidence in the light most favorable to the prosecution.” Id. “Indeed, a defendant bears a very heavy burden when he challenges the sufficiency of the evidence, lest the matter of his guilt be re-litigated.” Id. (internal marks and citation omitted).

1. Adult intermediary

Zavala argues that to be convicted under § 2422(b), he must have enticed an actual minor. Zavala argues that, because he engaged in conversation with adults pretending to be a minor, and not an actual minor, his conviction cannot stand. Our precedent forecloses this argument. In United States v. Roman, 795 F.3d 511, 516 (6th Cir. 2015), we held that “a defendant violates § 2422(b) by communicating only with an adult intermediary if the defendant’s communications with that intermediary are intended to persuade, induce, entice, or coerce the minor child’s assent to engage in prohibited sexual activity.” Id. (emphasis added) (citations omitted). Further, “[t]he crime is complete when the defendant both-intends to persuade the minor child to assent to sexual activity and the defendant takes a substantial step toward completing the crime—for example, by engaging in communications with an adult intermediary who can exert influence to help achieve the child’s assent,” Id. As we have stated, “Congress has made a clear choice to criminalize persuasion and the attempt to persuade.” Id. (citation omitted). The record establishes that Za-vala intended to communicate with an adult intermediary who disclosed that she would influence a minor child to have sexual relations with him. The record establishes that Zavala sent communications of a sexual nature to the- person he believed to be the minor child, establishing his intent when he used the adult intermediary. Thus, there was sufficient evidence to determine that Zavala’s communications to the intermediary were intended to induce and entice a minor to engage in prohibited conduct.

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Bluebook (online)
681 F. App'x 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-juan-robles-zavala-ca6-2017.