United States v. Vance

494 F.3d 985, 2007 U.S. App. LEXIS 18453, 2007 WL 2214543
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 3, 2007
Docket06-13035
StatusPublished
Cited by29 cases

This text of 494 F.3d 985 (United States v. Vance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Vance, 494 F.3d 985, 2007 U.S. App. LEXIS 18453, 2007 WL 2214543 (11th Cir. 2007).

Opinion

ALARCÓN, Circuit Judge:

David L. Vance appeals from the judgment of conviction and the District Court’s sentencing decision. He contends that the District Court committed plain error in sustaining the prosecutor’s objection to the admission of an extra-judicial statement. He also asserts that the District Court erred as a matter of law in concluding that he unduly influenced a minor to engage in prohibited sexual conduct, and in enhancing his base offense level based upon its finding that his offense involved the use of a computer to solicit a minor to engage in prohibited sexual conduct. We affirm because we conclude that the District Court did not abuse its discretion in its evidentia-ry ruling, nor did it clearly err in its findings in support of its sentencing decision.

*988 I

Viewing the evidence in the light most favorable to the Government as the prevailing party at trial, the record shows that, as part of an ongoing undercover sting investigation, Captain John Crane of the Birmingham, Alabama Police Department posted a message on a Yahoo! web site serving a child pornography group called “texashottestteens.” The subject line for that group was “Tiny Interest Trips.” Captain Crane’s message advertised the availability of minors for sexual activity. Captain Crane’s posted message reads as follows: “Tiny Interest Companions. Lolita — VYB—VYG. Private travel opportunities available. (Costa Rica). Discretion assured. E-mail for details.” 1

The message listed “tiny_interest@ yahoo.com” as the e-mail address. It also provided that if that e-mail address had been deleted by Yahoo!, the person posting the advertisement could be contacted by using the e-mail address “xxtinyholzxx@ yahoo.com.”

Captain Crane testified that in this sting operation, he did not single out any person to entice them to respond to his advertisement. Instead, he waited until he received a response to his advertisement. In his role as a feigned procurer, Captain Crane’s message provided persons seeking to engage in prohibited sexual conduct with minors the opportunity to use him as their agent to carry out their intent.

On January 18, 2005, Mr. Vance sent an e-mail to Captain Crane in which he stated “details please.” 2 Mr. Vance identified his e-mail address as “rocketpwrll284@ yahoo.com.” Captain Crane responded as follows:

I got your email inquiry. Tiny Interest Companions utilizes a private aircraft and flight plan from a medium sized airport. This insures privacy for our clients since a group-style manifest is filed. The destination includes private clubs located in Costa Rica. These very exclusive clubs offer a variety of choice of VYG’s to VYB’s. Travel, accommodations for 2 nights/3 days and companion are all included in the price. 25% is due at takeoff with the balance due prior to return. Specific questions, desires and expectations can be emailed but for obvious reasons, there is not a website and PayPal is not accepted.

Mr. Vance replied: “ive always wanted to go to costa rica what are ur prices, and whats included.” Captain Crane’s response stated:

A buddy of mine is a corporate pilot and the company lets him use the jet twice a year. We go down to Costa Rica (we try to avoid the U.S. anyway) from a private gate at a medium sized metro airport in the Southeast USA. We stay at the Best Western Downtown San Jose, which is about 14 miles from the Juna Santamaría International Airport. The cost is about $58 dollars a night which is included. The rate is $1,500.00 which covers the trip, hotel, 2 Nights with VYG/VYB (what age span were you interested in and what you wanted to do — no pain!!!) I send an email to our contact there to have things set up — you choose the one you want at the club and that rate leaves a profit margin that my buddy and I split. If you are still interested, we can go from there. We are looking at around the 18 of Feb. or 11th of March.

*989 Mr. Vance’s next message stated: “What no drinks come on its first time down there.What other islands are near?any pics i like to get a feel of what iam goin [sic] going to see. gl2 15.” On February 2, 2005, Mr. Vance replied as follows: “i cant wait i bet its warm down there rip off what do u mean, fern 12-17 whats next.”

Captain Crane’s next message stated: Next, I need to know what do you want to do with the girls so we can line up the appropriate ages before we get there. 25% ($375) is required prior to departure. We [sic] way we do that is that you physically cut the money in half with a pair of scissors. Send half the bills with a photocopy of the “front” of your passport (I don’t want your name or anything, but you have to have one to get back into the U.S. and I just want to make sure you do). Bring the other half of the bills with you for when we get on the jet going down. The balance ($1,125) is due before we come back. If this is satisfactory, let me know along with your expectations and I’ll send you the address.

Mr. Vance replied: “them with each other and inter core with m E of course what else give me ideas, about the other well no problem with money but passport i dont know can i black out every thing or just insure u i have one will be enough.”

In reply, Captain Crane stated:

Several things I wanted to let you know. We got the plane for the 11th of March. I emailed my contact in Costa Rica and he let me know what he had available. If you wanted two to have sex with each other and intercourse with you here is what he has initially set up for the nights there:
Marguarite — 12 years old
Vittoria — 13 years old
Maria — 15 years old
Juanita — 17 years old
If you wanted two of a specific age, I can email him back so he can make arrangements. I did’t want to commit to anything until I heard from you so let me know which ones interest you and he’ll have them there. Believe me, they are very attractive .... he hás never let me down before. I like mine a little younger and have already put my order in.
Last of all, you can mail me at:
T.I. (for Tiny Interest)
P.O. Box 5231
Birmingham, AL 35207 3

Mr. Vance responded: “that works for me now i can mix and match and two one night or how ever depending on how many nights we are there then. Or did i have to pick out of the bunch.” Captain Crane replied: “We will be leaving from the same city as my mailing address and it is a pain to transport 6 kids at one time. If you are interested in two of them, let me know. That way my contact will be bringing mine, my buddy’s and your two.” Mr. Vance replied: “that helps I don’t have your original e-mail with the names but i think these will do 13 and 15 or very close OKthks.”

On February 23, 2005, Captain Crane informed Mr. Vance that they should meet on March 11, 2005, at the Birmingham Airport.

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Cite This Page — Counsel Stack

Bluebook (online)
494 F.3d 985, 2007 U.S. App. LEXIS 18453, 2007 WL 2214543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vance-ca11-2007.