Santos

United States v. Santos

Good Law
352 F. App'x 223
United States Court of Appeals for the Ninth CircuitNovember 10, 2009No. 08-10406California493 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Deonte Santos was convicted of using a facility or means of interstate commerce to persuade, induce, and entice *224 a minor to engage in unlawful sexual conduct, and aiding and abetting, in violation of 18 U.S.C. §§ 2422 (b) and 2 (Count I), and sex trafficking of a child, and aiding and abetting, in violation of 18 U.S.C. §§ 1591 (a)(1) and 2 (Count II). Defendant appeals his conviction on Count II only. 1. We review de novo a challenge to the sufficiency of evidence. United States v. Schales, 546 F.3d 965, 974 (9th Cir.2008), cer t. denied, — U.S. -, 129 S.Ct. 1397 , 173 L.Ed.2d 640 (2009). We must view the evidence in the light most favorable to the government and determine whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003).

Sufficient evidence supports the jury’s finding that Defendant’s actions affected interstate commerce. He used a cell phone whose service provider is T-Mobile, a business in interstate commerce, to recruit the minor, manage her prostitution, and arrange her travel from Los Angeles to Seattle. He made numerous…

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