United States v. Phillips Lee Saunders

641 F.2d 659 7 Fed. R. Evid. Serv. 128 UNITED STATES of America, Plaintiff/Appellee, v. Phillips Lee SAUNDERS, Defendant/Appellant. No. 79-1699. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 13, 1980. Decided Oct. 2, 1980. As Amended Feb. 2, 1981. Before TRASK, ANDERSON and FARRIS, Circuit Judges. FARRIS, Circuit Judge: 1 Phillips Lee Saunders appeals his convictions for violation of 18 U.S.C. § 2423 (1976) (amended 1978), prohibiting transportation of a minor in interstate commerce for purposes of prostitution, and for violation of 18 U.S.C. § 2421 et seq. (1976) (Mann Act), prohibiting transportation of women in interstate commerce for purposes of prostitution. He contends (1) that the jury was coerced, (2) that the magistrate's decision on the timing of jury deliberations amounted to a supplemental jury instruction, (3) that the prosecutor improperly referred to his personal belief, (4) that he was prejudiced by pre- and post-indictment delay, (5) that the Mann Act count of the indictment was duplicitous, and (6) that evidence of his subsequent illegal acts was improperly admitted. We affirm. 2 In the summer of 1975, two young women ages 14…

Phillips Lee Saunders appeals his convictions for violation of 18 U.S.C. § 2423 (1976) (amended 1978), prohibiting transportation of a minor in interstate commerce for purposes of prostitution, and for violation of 18 U.S.C. § 2421 et seq. (1976) (Mann Act), prohibiting transportation of women in interstate commerce for purposes of prostitution. He contends (1) that the jury was coerced, (2) that the magistrate’s decision on the timing of jury deliberations amounted to a supplemental jury instruction, (3) that the prosecutor improperly referred to his personal belief, (4) that he was prejudiced by pre- and post-indictment delay, (5) that the Mann Act count of the indictment was duplicitous, and (6) that evidence of his subsequent illegal acts was improperly admitted. We affirm.

In the summer of 1975, two young women ages 14 and 19 worked as prostitutes for Saunders in Seattle, Washington. In September 1975, they went at Saunders’ di *662 rection to Portland, Oregon, where Saunders joined them. The younger woman attempted to work there as a street prostitute but was picked up by police as a runaway juvenile and returned to Seattle. Saunders and the older woman returned to Seattle…

concurring:

I concur in Judge Farris’ opinion in all respects.

Nevertheless, I feel compelled to emphasize the obvious. The actions of the magistrate were entirely neutral as between the parties and not at all unreasonable. This is especially so when considered in light of the fact that the magistrate was honoring a request or decision of the jurors to continue their deliberations.