United States v. William Clarke

842 F.3d 288, 2016 WL 6819688
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 18, 2016
Docket15-4299
StatusPublished
Cited by55 cases

This text of 842 F.3d 288 (United States v. William Clarke) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. William Clarke, 842 F.3d 288, 2016 WL 6819688 (4th Cir. 2016).

Opinion

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

WYNN, Circuit Judge:

A federal jury convicted Defendant William Andrew Clarke of one count of attempting to persuade minors to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2422(b), and the district court sentenced • Defendant to 120 months ' imprisonment and lifetime supervised release.

On appeal, Defendant argues that the district court erred in denying his motion to suppress evidence obtained in an inventory and warrant search of his vehicle. Defendant also argues that the district court reversibly violated Federal Rule of Criminal Procedure 30(b) by refusing to provide counsel with key jury instructions before closing argument and failing to properly instruct the jury regarding the charged offense. Finally, Defendant maintains that the government did not produce evidence sufficient to support his conviction. Finding no reversible error, we affirm.

I.

While engaged in undercover child exploitation investigative work in early October 2013, Department of Homeland Security Special Agent Kevin J. Laws encountered Defendant on Family Intimacy, a social networking website centered on incest. Defendant’s Family Intimacy profile listed his experience with incest, individuals he wanted to engage in. incest with, and—most pertinent to Agent Laws’ investigation—his desire to engage in incest with minors. Going by the alias “Jaye,” Agent Laws sent Defendant a friend request, which Defendant accepted. Defendant • then messaged Agent Laws, stating that he was glad Agent Laws had reached out and noting that they lived near each other. Agent Laws messaged Defendant back, providing him. with. Agent Laws’ undercover *292 email address so that they could communicate outside of the website.

On October 10, 2013, Defendant emailed Agent Laws and asked whether Agent Laws had experience with incest. Agent Laws, posing as the single father of two fictitious children, nine-year-old Amy and eight-year-old Mark, replied that he had molested his daughter since she was four years old.

As their conversation progressed, Defendant said that he had been looking for “likeminded” men close by. J.A. 253. Agent Laws then mentioned that although he “[did not] really play with” Mark, Mark had helped him masturbate a few times. J.A. 98, 254. Defendant responded: “OMG you have a son! We need to meet.” J.A. 98, 254.

Soon thereafter, Agent Laws invited Defendant over to his house for the weekend, asking whether Defendant would be comfortable with Agent Laws watching Amy and Mark perform sex acts on Defendant. Defendant replied that “a get together would be awesome,” and agreed to come over that weekend. J.A. 255.

Agent Laws and Defendant then moved their discussions to an online messaging service. There, Defendant further inquired into the children’s sexual experience. In particular, Defendant asked Agent Laws how he introduced the children to incest, if Agent Laws had ever “shared” the children before, and if Mark and Amy had ever engaged in any sex acts with each other. Defendant questioned Agent Laws about Mark specifically, asking how it came about that Mark helped Agent Laws masturbate, whether Mark masturbated, and whether Mark could get an erection and orgasm. Agent Laws said that he was more interested in Amy than Mark, to which Defendant replied, “[W]ell [Mark] needs me around LOL.” J.A. 265. Agent Laws asked Defendant if he would “also play with Amy.” J.A. 266. Defendant responded, “[0]f course.” J.A. 266.

Agent Laws eventually suggested that he and Defendant meet at a restaurant near Agent Laws’ house. Agent Laws and Defendant then spoke over the phone to discuss their plans for meéting and having sex with the children. Defendant asked Agent Laws what he had told the children about Defendant’s upcoming visit. Agent Laws suggested he tell the children that “Uncle Bob’s coming over.” J.A. 110. Defendant said that it would be “easier” if Agent Laws referred to him by his real name—“Andy”—when talking with the children because that would make his interactions with the children “more natural.” J.A. 110. Per Defendant’s instruction, Agent Laws reported that he told Mark and Amy that his “good friend Andy” would be coming to their house to engage in sex acts. J.A. 117, 272. During their call, Defendant also asked Agent Laws if he thought the children would talk to him over the phone and if the children were excited about meeting someone else. Agent Laws and Defendant agreed- that they would meet the next day, October 11, 2013.

On the morning of their planned meeting, Agent Laws and Defendant discussed Defendant’s upcoming visit once more over a video call. During their call, Defendant asked Agent Laws “if it was okay if [Defendant] performed oral sex on Mark and Mark performed oral sex on [Defendant], and also if [Defendant] performed oral sex on Amy.” J.A. 116. Defendant also said Agent Laws should “t[ake] the lead and t[ell] [Defendant] when to join in.” J.A. 116.

After Agent Laws and Defendant ended their video call, Agent Laws and a cover team set up surveillance at the restaurant at which he and Defendant had agreed to meet. Defendant arrived at the restaurant *293 at approximately 1:50 P.M. Upon approaching Agent Laws’ vehicle, Defendant was arrested and interviewed.

While this interview was being conducted, Virginia State Police inventoried Defendant’s vehicle. The vehicle was subsequently towed to a Virginia State Police impound lot. The ■ government later obtained and executed a search warrant for Defendant’s vehicle. During their search of the vehicle, the government discovered lubrication, condoms,' a bag of candy, an overnight bag, and a piece of paper listing Agent Laws’ phone number and the ages of Agent Laws, Amy, and Mark.

On May 22, 2015, a jury found Defendant guilty of one count of attempted coercion and enticement of a minor in violation of 18 U.S.C. § 2422(b). The district court sentenced Defendant to 120 months imprisonment and lifetime supervised release. Defendant timely filed a notice of appeal.

On appeal, Defendant contends that the district court made four reversible errors by: (1) improperly refusing to suppress evidence obtained as a result of the purportedly unlawful searches of Defendant’s vehicle; (2) violating Rule 30(b) of the Federal Rules of Criminal Procedure by failing to inform Defendant’s counsel of its jury instructions prior to closing arguments; (3) improperly instructing the jury as to the meaning of “induce” in 18 U.S.C. § 2422(b); and (4) improperly holding that the government produced sufficient evidence to sustain Defendant’s conviction. We disagree with all of Defendant’s contentions.

II.

A.

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Cite This Page — Counsel Stack

Bluebook (online)
842 F.3d 288, 2016 WL 6819688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-clarke-ca4-2016.