United States v. Rodney Dotson, Jr.

715 F.3d 576, 2013 WL 1704941, 2013 U.S. App. LEXIS 7908
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 22, 2013
Docket12-5662
StatusPublished
Cited by20 cases

This text of 715 F.3d 576 (United States v. Rodney Dotson, Jr.) 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. Rodney Dotson, Jr., 715 F.3d 576, 2013 WL 1704941, 2013 U.S. App. LEXIS 7908 (6th Cir. 2013).

Opinion

OPINION

JANE B. STRANCH, Circuit Judge.

Defendant Rodney Dotson, Jr., was charged with sexual exploitation of a minor in violation of 18 U.S.C. § 2251(a) and possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). Prior to trial, the government sought to enter a redacted version of the statement Dotson gave to the authorities following his arrest. Although Dotson requested that the statement be admitted in its entirety, the district court ruled that the redacted portions were inadmissible. A jury convicted Dotson on both counts, and the district court sentenced him to a prison term of 22 years. The court also imposed a 20-year term of supervised release, which carried with it a number of conditions. Dotson appeals, contending (1) that the district court abused its discretion in not admitting his entire statement and (2) that the district court plainly erred in imposing several conditions of supervised release. For the following reasons, we hold that the district court did not abuse its discretion in admitting the redacted statement. Because we conclude that the district court did not articulate a rationale for imposing some of the conditions of supervised release, however, we VACATE the judgment with respect to these conditions only and REMAND for further proceedings consistent with this opinion.

I. FACTS

The defendant, Rodney Dotson, Jr., resided with his girlfriend, M.C., and her four-year-old daughter, A.C., 1 the victim. M.C. discovered that the memory card to Dotson’s cellular phone contained inappropriate photographs of A.C. and turned the card over to the police. The police also discovered videos of A.C. and images of other children that Dotson had downloaded from the Internet on the card. After he was arrested and gave an incriminating statement, Dotson was charged with sexual exploitation of a minor and possession of child pornography. See 18 U.S.C. §§ 2251(a) & 2252(a)(4)(B).

Prior to trial, the government filed a motion in limine seeking to redact certain portions of Dotson’s written statement. 2 The government contended that these portions of the statement (1) constituted inadmissible hearsay; (2) were irrelevant to the charges in the indictment; and (3) were unfairly prejudicial, likely to cause confusion of the issues, and/or had the potential to mislead the jury. Dotson’s counsel argued that the entire statement should be admitted based on the rule of completeness. The district court conclud *579 ed that the redacted portions did not make any of the contested elements in the case more or less likely and would be more appropriately considered during sentencing; accordingly, the court granted the government’s motion. Dotson’s full statement is quoted below as written. The bold portion constitutes the redacted statement that was admitted into evidence:

My name is Rodney Dotson this is me at my worse. I’m disgraced with my actions. But this is me, I was born and raised mostly in New York. Come from a family of high expectations and very good moral values. I was mainly with my mom my whole [life], my dad was in and out after I was born. She worked a lot to take care of us. So me, my older sister and two younger siblings stayed with my grandma in New York. She had a sick way of lookin at life but at 3 or 4 years old (me) I started noticing things about women and myself and didn’t know why. At around that time I started having dreams at least I thought they were dreams but while I took a bath my grandma would start touching my privates and it felt good but I can’t be sure whether it was a dream or just me being messed with. 1995 well we moved to Bolivar, tn life looked pretty good a fresh start ya’ know, a fresh life. Things were gonna be great ya’ know? But they weren’t. I formed a habit of staying up late me and my brother (little brother) shared a room, mostly he slept with my mom and dad. So I was alone but I wandered a lot and most nights my dad was in my big sisters room. Didn’t know why but eventually discovered he was touching her. He left and came back because my mom Idk loved em. So he was better, we all thought but one day I woke up early in 95’ my dad wanted to take me to Walmart We shopped and stuff. When we got out of Walmart just me and him we drove to a location unknown -to this day and he wanted to see my private so I showed he touched it I was kinda scared but he was my dad. This went on till 96’ and by then It got worse his family molested me and my sister taught me how to have sex and my dad especially took great interest in me. One morning my dad was in my room told me to put my shirt over my head and pull my pants down so I did like usual but this time was different my mom woke up early too and was gonna come in my room he ran into the bathroom and left me like I was. I confessed everything to her and he was gone.' 97’-99’ I spent in NY back with my grandma things we different the neighborhood changed and everything. My problem with molestation still wasn’t gone thó, now I had a mentally ill neighbor who messed with younger boys he worked for my grandma from time to time mowing the grass washing windows et. So one day while taking the trash out I met. him and he automatically grabbed and squeezed my private and wouldn’t let go till I touched his so I did. Never told anyone because I thought ppl would call me gay and treat me different. 99’ lost myself, everything I’ve become was surrounded by anger, rage and distrust of authority figures. I continued to live with my mom for the next 8 year.' Mom and dad permanently separated mom doesn’t know how shes gonna pay for the hotel room where we lived while going to Lexington High School. It was a battle day in day out I was 17 failing classes, uncertainty of where I’m a living.so I left and drifted from place to place situations are getting worse I was home less mostly helped sell drugs to get by. Then a blessing happened I met [M.C.] she was down and out her babies father kept leaving and she needed a father figure and *580 somebody to spend her life with. So I stayed with her we were happy, her daughter and all of us were happy. Anytime we needed each other we were there ya know? But things started to get bad we were starting to not afford things. So we moved from [redacted street address] to a trailor Park where [A.C.] had her mom and I had mine with [M.C.] Things were normal outside of the fact we still couldn’t afford stuff so once again we moved to my moms we lived in one room. Me [M.C.] and [A.C.], I didn’t like the fact that [M.C.] let [A.C.] change in our room but she had to. So I left it alone we stayed there in that one room from May 09’ to Feb or March 10’ and moved to [redacted street address]. Things once again were wonderful ya’ know? I hid my thoughts of wanting to marry [M.C.] for a long time never brought it up or anything. Small house, tention was all around between me and [M.C.] and her family not mention we lived next to an old man, who so many of my Mends got either raped or molested by. Things were getting bad, But got better [M.C.] gotta job and needed me to watch [A.C] or get her from school so I did.

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Cite This Page — Counsel Stack

Bluebook (online)
715 F.3d 576, 2013 WL 1704941, 2013 U.S. App. LEXIS 7908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodney-dotson-jr-ca6-2013.