United States v. Rodney Flucas

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 19-10065 Plaintiff-Appellee, 19-10420

v. D.C. No. 2:17-cr-00209- RODNEY FLUCAS, AKA Rodney J. KJM-1 Flucas, AKA Rodney Rochea Flucas, AKA Rodney Rochen Flucas, OPINION Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted September 3, 2021 San Francisco, California

Filed January 21, 2022

Before: Mary M. Schroeder, Johnnie B. Rawlinson, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Rawlinson; Concurrence by Judge Schroeder; Dissent by Judge Bybee SUMMARY*

Criminal

The panel affirmed convictions for transportation of a minor with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2423(a), and transportation of an individual with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2421(a).

The defendant contended that he is entitled to a new trial because the district court…