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Brooke Timmerman, left, and Arshi Munjal, right, both seniors at Kennedy High in Cedar Rapids, started a Teens Against Human Trafficking chapter at their school this year with teacher Melissa Osborn, center.
(Makayla Tendall/The Gazette)Brooke Timmerman, left, and Arshi Munjal, right, both seniors at Kennedy High in Cedar Rapids, started a Teens Against Human Trafficking chapter at their school this year with their teacher Melissa Osborn.
Background On January 21, 2010, Deputy Sheriff Jessup Schroeder, a member of the Iowa Internet Crimes Against Children Task Force, logged onto the Yahoo! Herriot's testimony on direct examination tended to support a primary defense to the enticement charge—that Grauer believed his Internet chats with “Jenny” were with an adult. In Grauer's closing argument, defense counsel responded:[Y]ou know from looking at these chats that that week it was raining in Clinton, Iowa․ So the ground is saturated. You don't go pick up a 13 year old and take her to a motel. Daniel Fron[cz]ack flew from Pennsylvania, picked up a girl in Muscatine ․ had sex with her got caught, got arrested, got sent away. [Objection by Grauer overruled.]Justin Carter, you heard about him. Why is he buying a cheap fleece blanket if he's meeting an adult female. In closing argument, “a prosecutor is entitled to make a fair response and rebuttal when the defense attacks the government's case.” United States v. The concluding statement that the trial had compelled the jury “to see terrible things, disgusting things,” was fair comment on the trial evidence. Evidence that multiple images of child pornography were found in electronic folders manually created by the computer's user, as in this case, is sufficient evidence of knowing possession to support a § 2252(a)(4)(B) conviction. In addition, the government presented evidence that some images found on Grauer's computer were identical to images he had transmitted to “Jenny,” and that he told Jenny during their numerous chats that he hid images of topless girls on his hard drive so his wife would not find them. However, the Court finds the analysis in Star[r] does not seem applicable here because it focuses on the effect the misrepresentation had on the victim. In Young the [Eighth Circuit] applied this enhancement reasoning that the defendant had lied about his occupation.
Messenger chat system posing as Jenny Johnston, a 14–year–old girl from Clinton, Iowa, using the screen name lil_jenny_gurl13. It was relevant to establish on cross examination that Dr. And I am going to take this fleece blanket that is going to soak up water like a sponge and drop it on the ground and go do my thing with a 14–year–old girl in public. It is a fantasy․ [I]f I am going to do that, doesn't it make a heck of a lot more sense to do it in a hotel, a motel, you know, ride your bike over to the Motel 6 ․ you don't even have to go in through the hallway, nobody will see you. Because he's going to throw it away when he's done. Ziesman, 409 F.3d 941, 954 (8th Cir.) (quotation omitted), cert. There was no error, plain or otherwise, in the district court's control of the closing arguments in this hard-fought trial. Sufficiency of the Evidence Following Grauer's arrest, police conducted a warrant search of his home and seized a Hewlett Packard laptop computer from an office area in the home. At trial, Grauer stipulated that one video depicted a minor, and the government presented testimony that other images and videos depicted minors. Viewed in the light most favorable to the verdict, the evidence was more than sufficient for a reasonable jury to find, beyond a reasonable doubt, that Grauer knowingly possessed visual depictions of minors engaging in sexually explicit conduct in violation of § 2252(a)(4)(B). The § 2G1.3(b)(2)(A) Enhancement To determine Grauer's advisory guidelines range, the Presentence Investigation Report (PSR) calculated the total offense level separately for each count of conviction. He said he was an engineer, not a band teacher, after the “girl” had told him she hated band.
Cronk, III, AUSA, argued, Davenport, IA, for Appellee. Grauer of attempted enticement of a minor to engage in illicit sexual activity in violation of 18 U. As the chats progressed, they became sexually explicit. Herriot was aware of a specific case from the Southern District of Iowa: So you're not aware of a case that arose here in Davenport where a subject named Fronczak met a 13–year–old girl here in Davenport and traveled here from California, picked her up, took her to a motel, and had sex with her, you don't know about that case? The court sustained his objection to a question about a fourth case as cumulative. Koch, 625 F.3d 470, 478 (8th Cir.2010) (quotations omitted). As to this count, the court overruled Grauer's objection to the § 2G1.3(b)(2) enhancement, explaining: Whether those misrepresentations were made with the intent to entice is the more difficult question.* * * * *The defendant ․ argues that his minor misrepresentation about his age, in this case more or less than 10 years, was not instrumental [a word used in United States v. The application note to this guideline provides: The misrepresentation to which the enhancement in subsection (b)(2)(A) may apply includes misrepresentation of a participant's name, age, occupation, gender, or status, as long as the misrepresentation was made with the intent to persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage in prohibited sexual conduct.§ 2G1.3(b)(2)(A), comment. Grauer concedes that he misrepresented his name and age in his chats with “Jenny” but argues the misrepresentations were not made with the requisite intent. But the enhancement is inclusive, applying to all identity misrepresentations made with the requisite intent, including but not limited to those relating to “name, age, occupation, gender, or status.” App. The district court clearly recognized the breadth of this inquiry when it relied for its ruling on our decision in Young, where we upheld the enhancement based upon defendant's misrepresentation of his occupation and his marital status. Here, Grauer misrepresented his age in recounting a recent sexual relationship with a college girl who “liked me.” He initially told Jenny he was a consultant but later claimed to be an engineer who designs “energy stuff” to “save the earth.” Over the course of their Internet relationship, Grauer claimed to have several young girlfriends who enjoyed sexual activity with him.
§ 2422(b), and possession of child pornography in violation of 18 U. Grauer appeals, arguing: (1) prosecutorial misconduct in cross examining a defense expert and in rebuttal closing argument that deprived him of a fair trial; (2) insufficient evidence to convict him of possessing child pornography; and (3) procedural sentencing error in calculating the advisory guidelines range for the attempted enticement count, namely, imposing the two-level enhancement for misrepresenting his identity authorized in U. He later claimed to be an engineer who designs “energy stuff” to “save the earth.” He also told Jenny he was married and had a son and sent her several pictures of himself. So you really don't know what the culture of Internet chat is for people who actually are looking for minors and meet them? It is adults talking to adults is the—the main thing going on here. Herriot's opinion that adults looking to find and meet actual minors online is “rare or nonexistent,” the prosecutor then asked whether Dr. Herriot answered, “if it was in the newspapers I may have read about it.” When the prosecutor began his next question, “So you don't know about the case of the 13 year old in Burlington, Iowa, that met a man online ․,” defense counsel objected that the question was beyond the scope of his direct examination, argumentative, and irrelevant. Herriot was familiar with a third local case, the district court overruled Grauer's Rule 403 objection. Franklin, 250 F.3d 653, 660 (8th Cir.) (quotation omitted), cert. “We review a challenge to the sufficiency of the evidence de novo, viewing evidence in the light most favorable to the government, resolving conflicts in the government's favor, and accepting all reasonable inferences that support the verdict.” United States v. At sentencing, the district court sustained Grauer's objection to the § 2G2.2(b)(3)(E) enhancement, which meant that the attempted enticement count, which also entailed a mandatory minimum ten-year sentence, became the Group with the highest offense level for advisory guidelines purposes. The government urged a sentence “in the middle of the range.” After carefully weighing the 18 U. On appeal, Grauer raises only one sentencing issue, arguing that the district court erred in applying the two-level misrepresentation enhancement under § 2G1.3(b)(2)(A). If the sole focus of our inquiry was on Grauer's single age misrepresentation in his initial chat with Jenny—“like 49”—we would have significant doubt whether that representation was made with the intent to entice that the § 2G1.3(b)(2)(A) enhancement requires, given other disclosures that revealed he was indeed an older man.
The following information has been gathered from staff of the Iowa Sex Offender Registry, city attorney letters and discussions among Iowa public library directors.
Disclaimer: Please consider this to be legal information, not legal advice — the application of law to an individual’s specific circumstances.