United States v. Michael Wyatt

713 F. App'x 467
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 6, 2017
Docket17-5107
StatusUnpublished
Cited by1 cases

This text of 713 F. App'x 467 (United States v. Michael Wyatt) 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. Michael Wyatt, 713 F. App'x 467 (6th Cir. 2017).

Opinion

ALICE M. BATCHELDER, Circuit Judge.

Forty-four-year-old Defendant-Appellant Michael Shane Wyatt asserts that the jury did not have sufficient evidence to convict him of attempted coercion and enticement of a minor and attempted sexual exploitation of a child because he did not believe that the individual to whom he directed sexually explicit messages was a minor. Consequently, he argues, he did not possess the subjective intent to ■ commit those crimes. We disagree. We affirm.

In January 2016, the Tennessee Bureau of Investigation (“TBI”) and the Department of Homeland Security found a Craig-slist ad posted by Wyatt: “Clean attractive well hung in shape male seeks petite female who would like to be my submissive cum dump today.” The post included a close-up photograph of an adult penis. On January 29, 2016, Todd Campbell, a special agent criminal investigator with the TBI, who was posing as a fourteen-year-old girl named “Lara,” answered the post. His response explained that “Lara” was too young but “wanted to say hey anyway.” 1 Wyatt responded to Special Agent Campbell’s message within several minutes, asking for pictures, sending six more nude and semi-nude photographs, and reiterating “[wjanna be my cum dump?” Special Agent Campbell replied, stating that “Lara” “might be a lil [sic] young,” that “she” did not want to get anyone in trouble, and that “she” could not send pictures because “she” was “in school right now.” Special Agent Campbell then told Wyatt, “I’m 14 ... Is that ok?” Wyatt responded: “Would you want some of what you saw in the pics? ... [T]he taboo has me wanting to do something I shouldn’t and wouldn’t normally do.” Wyatt sent several follow-up messages later that day, asking how the two might meet “[s]afely,” whether “Lara” could stay out all night or “pass for 19,” and whether it would be “easier and safer” to meet after school.

Special Agent Campbell communicated with Wyatt over the next four days and arranged a meeting between Wyatt and “Lara” at a residence in Chattanooga, Tennessee. During those communications, Wyatt’s messages descended to further levels of salaciousness. Despite being informed several more times that “Lara” was a minor, Wyatt continued to send sexually explicit messages, including descriptions of imagined sexual acts with “Lara” and requests for “private” pictures and pictures of “Lara’s” unclothed or nearly unclothed backside. On February 2, 2016, Wyatt arrived at the agreed upon residence; in his car were three individually wrapped condoms and salt-and-vinegar potato chips that “Lara” had requested he bring. Instead of finding a fourteen-year-old girl awaiting him, Wyatt found a group of police officers to whom he provided a voluntary statement, explaining that he did not believe “Lara” was real and that he only visited the Chattanooga residence to find out who “Lara” was.

Wyatt was indicted in the United States District Court for the Eastern District of Tennessee on two counts: (1) coercion and enticement of a minor, in violation of 18 U.S.C. § 2422(b), 2 and (2) attempted sexual exploitation of a child, in violation of 18 U.S.C. § 2251(a) and (e). At trial, Wyatt argued that he did not believe that “Lara” was a minor, but instead that she may have been law enforcement, a friend playing a joke, someone engaged in fantasy role-playing, an internet troll, or one of Wyatt’s adult-oriented-website clients. 3 Based on this argument, Wyatt’s counsel moved for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29. The district court denied the Rule 29 motion, and a jury convicted Wyatt of both counts. Wyatt was sentenced to the statutory minimum sentence of 180 months’ imprisonment. He timely appealed the denial of his Rule 29 motion.

‘We review de novo the district court’s judgment denying [a] motion for acquittal.” United States v. Lowe, 795 F.3d 519, 522 (6th Cir. 2015) (citing United States v. Blanchard, 618 F.3d 562, 574 (6th Cir. 2010)). “When a defendant appeals on the basis that the evidence was insufficient to support a guilty verdict, our role is to ask ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’” United States v. Washington, 715 F.3d 975, 979 (6th Cir. 2013) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). “We do not insert our own findings of fact; rather we give full credit to the responsibility of the jury to weigh the evidence, to make credibility determinations, and to draw inferences.” Id. “Circumstantial evidence alone is sufficient to sustain a conviction and such evidence need not remove every reasonable hypothesis except that of guilt.” Lowe, 796 F.3d at 522-23 (citations omitted).

To demonstrate that a defendant coerced and enticed a minor, in violation of 18 U.S.C. § 2422(b), the government must prove that (1) the defendant used a means of interstate commerce to knowingly persuade, induce, entice, or coerce someone under eighteen to engage in sexual activity or attempted to do so; (2) “the defendant believed the person was under the age of 18”; and (3) “if sexual activity had occurred, the defendant could have been charged with a criminal offense under state law.” 4 United States v. Roman, 796 F.3d 511, 515-16 (6th Cir. 2015) (footnote omitted) (citing United States v. Hart, 635 F.3d 850, 855 (6th Cir. 2011)). To demonstrate that a defendant sexually exploited a child, in violation of 18 U.S.C. § 2251(a), the government must prove that a defendant “employ[ed], use[d], persuade[d], induced], entice[d], or coerce[d] any minor to engage in ... any sexually explicit conduct for the purpose of producing any visual depiction of such conduct.” A “ ‘minor’ means any person under the age of eighteen years.” 18 U.S.C. § 2256(1). Both statutes proscribe attempted violations. See 18 U.S.C. § 2422(b) (“Whoever ... knowingly persuades, induces, entices, or coerces ... or attempts to do so.... ”); 18 U.S.C. § 2251(e) (“Any individual who violates, or attempts or conspires to viblate[ ] this section.... ”).

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

Related

United States v. James Hood
Sixth Circuit, 2020

Cite This Page — Counsel Stack

Bluebook (online)
713 F. App'x 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-wyatt-ca6-2017.