United States v. Terrance Edwards ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 18-30138
Plaintiff-Appellee, D.C. No.
1:16-cr-00103-SPW-1
v.
TERRANCE TYRELL EDWARDS, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted December 7, 2020**
Seattle, Washington
Before: McKEOWN and WATFORD, Circuit Judges, and ROTHSTEIN,***
District Judge.
Terrance Edwards challenges the validity of his convictions related to sex
trafficking. We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Barbara Jacobs Rothstein, United States District Judge
for the Western District of Washington, sitting by designation.
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1. The district court did not commit plain error by instructing the jury that
the use of the internet, a cell phone, or a hotel room necessarily has at least a de
minimis effect on interstate commerce, as required for conviction under 18 U.S.C.
§ 1591(a). Even if the instruction was erroneous, the error did not affect Edwards’
substantial rights. The jury heard evidence that Edwards traveled between multiple
states in connection with his sex trafficking activities, and that as he did so, he
booked hotels in which his victims worked and used his cell phone and computer
to post ads for their services on the internet. Edwards has therefore not established
a reasonable probability that the alleged error affected the outcome of his trial. For
the same reason, we reject Edwards’ sufficiency of the evidence challenge to this
element of the offense. The jury heard more than adequate evidence to find at least
a de minimis effect on interstate commerce. See, e.g., United States v. Sutcliffe,
505 F.3d 944, 952–53 (9th Cir. 2007); United States v. Dela Cruz, 358 F.3d 623,
625 (9th Cir. 2004).
2. Rehaif v. United States, 139 S. Ct. 2191 (2019), is not clearly
irreconcilable with our prior decision in United States v. Taylor, 239 F.3d 994 (9th
Cir. 2001). Taylor held that a conviction for sex trafficking a minor, 18 U.S.C.
§ 2423(a), does not require the defendant to know the victim’s age. Taylor, 239
F.3d at 997. Although Rehaif states that the term “knowingly” is “normally read”
to apply to each element of a crime, Rehaif does not present this principle as a
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hard-and-fast rule—let alone a rule that courts must follow even when there are
good reasons not to, as we held in Taylor for § 2423(a). See Rehaif, 139 S. Ct. at
2196. Taylor remains binding precedent.
3. The district court did not commit plain error in its instructions to the jury
regarding the definition of an “attempt.” Although the instructions regarding
obstruction of a sex trafficking investigation, 18 U.S.C. § 1591(d), and tampering
with a witness, 18 U.S.C. § 1512(b)(1), did not require a finding that the defendant
took a “substantial step” towards the culpable acts, any error in these instructions
did not affect Edwards’ substantial rights. The jury heard extensive evidence that
after his arrest, Edwards contacted multiple victims by phone and Facebook to try
to stop them from cooperating with law enforcement. Given this evidence,
Edwards has not established a reasonable probability that the alleged error affected
the outcome of his trial.
4. With respect to Edwards’ conviction for interstate sex trafficking, 18
U.S.C. § 2421(a), sufficient evidence supports the jury’s finding that Edwards
transported victim A.T. across state lines. Transportation under § 2421(a) does not
require that the defendant operate the vehicle that transports the victim, or even
that the defendant accompany the victim; it requires only that the defendant
arrange the trip. See Taylor, 239 F.3d at 996–97. The jury heard testimony that
Edwards rode in a car with A.T. from Washington to Montana and that this trip
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was arranged by Edwards for the purpose of engaging A.T. in prostitution. This
evidence was sufficient for the jury to find that Edwards transported A.T. under
§ 2421(a).
5. Edwards has waived his right to challenge trial venue with respect to the
count for distribution of marijuana because he did not raise this issue until after the
jury reached a guilty verdict. See United States v. Powell, 498 F.2d 890, 891–92
(9th Cir. 1974).
6. The district court did not commit plain error by admitting into evidence
Facebook messages between Edwards and victim S.E., as any error in admitting
these messages did not affect Edwards’ substantial rights. With respect to
Edwards’ message to S.E., even though S.E. was not named in the counts for
obstruction and tampering, there was ample evidence of similar conduct towards
the named victims, as noted above. With respect to S.E.’s reply, although S.E.’s
message may have been hearsay, S.E. was subject to cross-examination about its
contents. S.E. also testified at length about Edwards’ psychological and physical
abuse, describing in detail many of the same facts referred to in S.E.’s message.
Given this testimony, Edwards has not shown a reasonable probability that
admission of S.E.’s reply affected the outcome of his trial.
7. The district court did not abuse its discretion in admitting into evidence
Edwards’ prior conviction for promoting prostitution. Edwards argued in his
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defense that he was helping his victims run their own, non-sexual escort services
for their benefit. The trial court properly applied Rule 404(b) of the Federal Rules
of Evidence and decided that the prior conviction was probative of his intent to
commit the charged crimes.
Evidence of Edwards’ prior charge for failure to register as a sexual or
violent offender was introduced inadvertently on the same document that presented
Edwards’ prior conviction. The government concedes that evidence of the prior
charge should not have been admitted. However, the prior charge was not
mentioned in Edwards’ motions in limine, and Edwards did not object to this
evidence at trial. Admission of this evidence did not affect Edwards’ substantial
rights. Neither side ever referred to the prior charge during the trial, and there is
no indication in the record that it factored into the jury’s deliberations. Thus,
Edwards has not shown a reasonable probability that this error affected the
outcome of his trial.
AFFIRMED.