United States v. Shaun Eric McKinley

647 F. App'x 957
Court of Appeals for the Eleventh Circuit·Decided April 12, 2016·No. 14-15619·Unpublished·Cited by 2 cases

Opinion

PER CURIAM:

Shaun Eric McKinley appeals his convictions and two life sentences for kidnapping, in violation of 18 U.S.C. § 1201(a), and sex trafficking, in violation of 18 U.S.C. § 1591(a)(1). On appeal, McKinley argues that: (1) the evidence was insufficient to convict him of sex trafficking under the Trafficking Victims Protection Act (“TVPA”); (2) the federal kidnapping statute is unconstitutional; (3) the evidence was insufficient to convict him of kidnapping; (4) the district court plainly erred in its evidentiary rulings; (5) the district court abused its discretion in denying him a mistrial; (6) the government engaged in prosecutorial misconduct; (7) the district court abused its discretion in denying him a continuance; (8) the admission of his prior bad acts and the improper impeachment of his witness cumulatively denied him a fair trial; (9) the district court erred in applying an obstruction-of-justice enhancement; (10) his prior Florida convictions for controlled-substance offenses did not qualify as controlled-substance offenses for career-offender purposes; and (11) his sentences were substantively unreasonable. After thorough review, we affirm.

We review the sufficiency of the evidence de novo, viewing the evidence in the light most favorable to the government and drawing all reasonable inferences in favor of the jury’s verdict. United States v. Martin, 803 F.3d 581, 587 (11th Cir.2015). A defendant must offer more than a reasonable hypothesis of innocence — the issue is not whether a jury reasonably could have acquitted, but whether it reasonably could have found guilt beyond a reasonable doubt. Id. We also review the constitutionality of a federal statute de novo. United States v. Jackson, 111 F.3d 101, 101 (11th Cir.1997). While we typically review de novo claims of prosecutorial misconduct, if a defendant failed to object to the prosecutor’s statements before the district court, we review for plain error that is so obvious that failure to correct it would jeopardize the fairness and integrity of the trial. United States v. Merrill, 513 F.3d 1293, 1306-07 (11th Cir.2008). Plain error is (1) an error, (2) that is plain, and (3) that affects a defendant’s substantial rights. United States v. Edouard, 485 F.3d 1324, 1343 n. 7 (11th Cir.2007). If these three prongs are met, we will only correct the error if it ‘“seriously affects the fairness, integrity, or public reputation of judicial proceedings.’ ” Id. An error affects substantial rights if it “ ‘affected the outcome of the district court proceedings.’ ” Id.

We review the denial of a motion for mistrial and the denial of a motion to continue trial for abuse of discretion. United States v. McGarity, 669 F.3d 1218, 1232 (11th Cir.2012); United States v. Valladares, 544 F.3d 1257, 1261 (11th Cir.2008). We typically review evidentiary rulings for abuse of discretion, but will review for plain error if a defendant failed *960 to preserve a challenge to an evidentiary ruling by contemporaneously objecting. United States v. Turner, 474 F.3d 1265, 1275 (11th Cir.2007). Similarly, if a party induced or invited the district court into making an error, we are precluded from reviewing that error on appeal. United States v. Brannan, 562 F.3d 1300, 1306 (11th Cir.2009).

We review a district court’s findings of fact concerning an obstruction-of-justice enhancement for perjury for clear error. United States v. Banks, 347 F.3d 1266, 1269 (11th Cir.2003). We review de novo the court’s decision to classify a defendant as a career offender under U.S.S.G. § 4B1.1. United States v. Gibson, 434 F.3d 1234, 1243 (11th Cir.2006). We review the sentence a district court imposes for “reasonableness,” which “merely asks whether the trial court abused its discretion.” United States v. Pugh, 515 F.3d 1179, 1189 (11th Cir.2008) (quotation omitted). We are bound to follow our binding precedent unless and until we overrule the precedent en banc or the Supreme Court overrules it. United States v. Vega-Castillo, 540 F.3d 1235, 1236 (11th Cir.2008).

First, we are unpersuaded by McKinley’s claim that there was insufficient evidence to convict him of sex-trafficking. To obtain a conviction for sex-trafficking a non-minor, the government must first show that the defendant knowingly recruited, enticed, harbored, transported, provided, obtained, or maintained a person by any means. 18 U.S.C. § 1591(a)(1). The government must then prove that the defendant knew or was in reckless disregard of the fact that means of force, threats of force, fraud, or coercion would be used to cause the person to engage in a commercial sex act. Id. Lastly, the government must prove that the offense was in or affected interstate or foreign commerce. Id.

The statute defines “coercion” to include “any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to ... any person.” Id. § 1591(e)(2)(B). “Serious harm” is then defined as “any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm.” Id. § 1591(e)(4).

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United States v. Shaun Eric McKinley, 647 F. App'x 957 (11th Cir. 2016).

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