United States v. Marcus Thompson

864 F.3d 837, 2017 WL 3205808, 2017 U.S. App. LEXIS 13739
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 28, 2017
Docket16-3741
StatusPublished
Cited by19 cases

This text of 864 F.3d 837 (United States v. Marcus Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Marcus Thompson, 864 F.3d 837, 2017 WL 3205808, 2017 U.S. App. LEXIS 13739 (7th Cir. 2017).

Opinion

KANNE, Circuit Judge.

In June 2015, a fifteen-year-old girl got into a heated argument with her father, causing her to run away from home with nothing but a bag full of clothes. She was distraught, insecure, and alone. At her lowest point, she planned to kill herself by jumping off of a bridge.

Marcus Thompson found her on the streets of Madison, Illinois and decided to prey on her vulnerability. He asked her if she wanted to make some money as a model and promised to help her obtain modeling work. Being the naive and impressionable teenager that she was, she got into his truck and agreed to ride away with him.

Unbeknownst to her, however, Thompson had different plans. He drove the girl to Farmington, Missouri to pick up his wife. He and his wife then stole a camper, and the three embarked on a six-week odyssey of sexual exploitation in which he sold the girl’s sexual services to at least fifteen men across three states. Thompson himself had sex with the girl at least five times, knowing full well that she was a minor.

Thompson’s prostitution operation was sophisticated. He and his wife took numerous sexually suggestive pictures of the girl (including one nude picture) and posted them on Backpage.com—a website used for advertising commercial sex acts. When men responded to the advertisements, he would arrange for them to have sex with the girl in nearby hotels. He used a sliding fee scale, charging them $60 for 15 minutes, $100 for 30 minutes, $200 for an hour, and $800 for the day with the girl. And he allowed the men to take pictures and videos of her for an additional cost.

Thompson also took steps to impede any attempts to rescue the girl. For instance, he hid the girl’s face in the pictures he posted online so that no one would recognize her. And he told her to ask prospective customers if they were cops; to confirm that they were not cops, she would have them touch her vagina before she agreed to have sex with them.

Thompson used fear to ensure the girl’s complicity in his depraved enterprise. For example, he threatened the girl after she refused to have anal sex with a customer. He also threatened her after she tried to escape.

When Thompson was done with the girl, he sold her to a truck driver for $2000. The driver ultimately returned her to Thompson. Thompson then gave the girl to a different truck driver who drove her back to Illinois. There, she was able to contact her family and to obtain medical attention.

Thompson was apprehended soon after. On September 8, 2015, a grand jury returned a two-count indictment charging him with sex trafficking of a child by force, fraud, or coercion and conspiracy to do the same in violation of 18 U.S.C. § 1591(a)(l)-(2), (b)(1)—(2) and § 1594(c). He pled guilty to these crimes without a plea deal.

On October 12, 2016, the district court held a sentencing hearing. Throughout the hearing, the court referenced Thompson’s presentence report, which recites the facts re-counted above. Thompson admitted that *840 he read the report with his attorney and certified that everything in it is true, correct, and accurate. The court then accepted the report and adopted its factual findings.

The court used the report to calculate Thompson’s guidelines range of 360 months to life imprisonment. The court then analyzed the § 3553 factors, recounting the heinous nature of Thompson’s crime; Thompson’s wanton disrespect for the law and the need for deterrence; the unspeakable physical and emotional damage to the victim, including the recurrent harm of having pornographic imagés of her forever circulated on the internet; the lack of meaningful mitigating factors; and Thompson’s tepid acceptance of responsibility. The court offered to expound further on the § 3553 factors, but Thompson expressly declined this offer. In the end, the court imposed a life sentence.

Thompson appealed, raising several issues—none of which have merit.

The first issue is whether Thompson made a knowing and voluntary guilty plea. To address this issue, we consider “(1) the complexity of the charge; (2) the defendant’s level of intelligence, age, and education; (3) whether the defendant was represented by counsel; (4) the judge’s inquiry during the plea hearing and- the defendant’s statements; and (5) the evidence proffered by the government.” United States v. Woodard, 744 F.3d 488, 495 (7th Cir. 2014) (quoting United States v. Blalock, 321 F.3d 686, 688-89 (7th Cir. 2003)). The law also requires a district court to ensure that the defendant understands his rights. Fed. R. Crim. P. 11(b).

The court conducted a thorough • and proper plea colloquy. At the outset, the' court ensured that Thompson was proficient in English, had no mental issues, and was able to think clearly. The court then told Thompson that he could seek clarificar tion at any time if anything confused him. Thompson was also free to confer with his counsel at any time, and the court ensured that he was satisfied with his counsel’s representation. Before the court accepted the plea, it made sure that Thompson understood his constitutional- and Rule 11 rights, the charges and evidence against him, and the penalties he faced. Thompson said that he understood these things and agreed that the government could prove its case. After finding that Thompson was competent to plead guilty, the court accepted his plea.

We agree that Thompson was competent to plead guilty. Although he was a high school dropout, he was intelligent enough to operate a sophisticated online prostitution scheme with fixed and variable prices, all while evading detection from authorities. Thompson had also pled guilty to crimes nine times before, so this wasn’t his first rodeo. Moreover, throughout the entire process, Thompson never once hesitated or sought clarification. These facts show that he knowingly arid voluntarily pled guilty. Thus, the court committed no error in accepting his plea.

The next issue is whether the court determined that there was a factual basis for Thompson’s guilty plea before entering judgment. Rule 11 permits the court to establish a factual basis “from anything that appears on the record.” United States v. LeDonne, 21 F.3d 1418, 1424 (7th Cir. 1994).

The record overwhelmingly supports Thompson’s convictions. As noted above, the government charged Thompson with sex trafficking of a child by force, fraud, or coercion and conspiracy to do the same. Before pleading guilty,, Thompson signed a document titled “Stipulation of Facts.” (R. 49.) The document states that Thompson “enticed”, a minor “to enter into his vehicle in Madison, Illinois, with the promise of helping her attain modeling work.” (R. 49 *841 at 1.) Thompson then picked up his wife, and the two agreed to prostitute the girl. These facts show conspiracy.

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Cite This Page — Counsel Stack

Bluebook (online)
864 F.3d 837, 2017 WL 3205808, 2017 U.S. App. LEXIS 13739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-marcus-thompson-ca7-2017.