United States v. Junger, No. 12-1006 (8th Cir. 2013)
Annotate this CaseDefendants were convicted of attempted sex trafficking of a minor, in violation of the Trafficking Victim Protection Act of 2000 (TVPA), 18 U.S.C. 1591 and 1594(a). The district court subsequently granted each defendant's motion for judgment of acquittal under Fed. R. Crim. P. 29. The government appealed. The court held that the plain and unambiguous language of sections 1591 and 1594(a) applied to both suppliers and consumers of commercial sex acts. Having thoroughly reviewed the record in each case, the court concluded that each defendant's respective juries reasonably found each of them guilty beyond a reasonable doubt of attempting to engage in child sex trafficking in violation of sections 1591 and 1594(a). Accordingly, the court reversed the judgment of acquittal entered by the district court for each defendant and remanded with instructions for the district court to reinstate the jury verdict and proceed with sentencing.
Court Description: Criminal case - Criminal law. The district court erred in granting defendants' motion for judgment of acquittal on the ground that the evidence was insufficient to support a conviction for sex trafficking under 18 U.S.C. Sec. 1591; the plain and unambiguous provisions of the section apply to both suppliers and consumers of commercial sex acts; the evidence in both cases showed defendants attempted to obtain or gain exclusive possession, custody and control of an underage girl knowing that the girl would be caused to engage in a commercial sex act, and they were guilty of violating the statute.
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