United States v. Ralph Redd

MEMORANDUM

Ralph Darnell Redd appeals his jury convictions for sex trafficking of a minor, 18 U.S.C. § 1591 (Count 1); production of sexually explicit images of a minor, § 2251 (Count 2); and distribution of such images, § 2252 (Count 8). We affirm.

1. Redd contends that there was insufficient evidence that he possessed the requisite mental state for each count when he committed the acts that violated the law. This argument falters on P.L.’s testimony that she told Redd her true age near the beginning of their relationship. See United States v. Brooks, 610 F.3d 1186, 1197 (9th Cir.2010). Redd asserts that no reasonable jury could have accepted P.L.’s testimony, largely because she had lied about her age many times before. But P.L. explained her turn-about-she had lied in the past to protect Redd, but ultimately was not willing to go to jail for him by committing perjury. A reasonable jury could have credited this testimony and concluded that Redd had actual knowledge of P.L.’s age when he committed the acts upon which each of the counts is predicated.

2. Redd next argues the district court was obligated to sever the three counts against him because there was an intolerable risk…