U.S. v. Brown, No. 22-14056 (11th Cir. 2025)
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Kerby Brown Jr. was charged with conspiracy to commit child sex trafficking and attempted child sex trafficking. In 2018, Brown was involved in recruiting minors for prostitution, including a 14-year-old girl (Minor Victim 1) and a 15-year-old girl (Minor Victim 2). Brown and his accomplice, Heidy Archer, took explicit photos of the minors and posted them online to solicit clients. Brown managed the logistics, including pricing and client screening. The minors were coerced into participating due to their vulnerable situations.
The case was initially delayed due to the COVID-19 pandemic and multiple continuances requested by Brown's defense counsel. Brown filed several pro se motions to dismiss the indictment based on the Speedy Trial Act, which were denied by the district court. The court cited local rules prohibiting pro se filings when represented by counsel and found that the delays were justified and excluded under the Act. The trial eventually commenced in August 2022, where Brown was convicted on all counts.
The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court found sufficient evidence to support Brown's convictions, including testimonies from the victims and corroborating evidence. The court also upheld the district court's admission of phone records and communications from Archer's phone, finding no abuse of discretion or violation of the Confrontation Clause. The court ruled that the district court did not err in denying Brown's Speedy Trial Act claims, as the continuances were properly excluded. Lastly, the court found no abuse of discretion in the district court's decision not to strike the jury venire after an initial error in reading the indictment, as curative instructions were provided.
The Eleventh Circuit affirmed Brown's convictions and the district court's rulings on all contested issues.
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