Summary
Defendant convicted of attempted enticement of a minor and attempted transfer of obscene material to a minor. On appeal, the Fifth Circuit held that the district court's questioning of a witness and a comment showing impatience did not constitute plain error as to judicial partiality, and the prosecutor's closing argument reference was to the defendant's post-arrest interview, not his silence. The evidence was sufficient to prove the defendant knew he was communicating with a minor. Affirmed.
Topics
Practice areas
Questions Presented
- Whether the district court showed partiality by questioning Dr. Jason Dunham and making a comment on the second day of trial.
- Whether the prosecutor's reference during closing argument constituted a comment on Collins's decision not to testify.
- Whether the evidence was sufficient to support Collins's convictions for attempted enticement of a minor and attempted transfer of obscene material to a minor.
Holdings
- The district court's questioning of Dr. Dunham did not constitute error, plain or otherwise, and the comment did not reflect partiality.
- The prosecutor's reference did not constitute a comment on Collins's decision not to testify.
- The evidence was sufficient to support the convictions beyond a reasonable doubt.
Key quotations
“To prevail on plain error review, Collins must identify (1) a forfeited error (2) that is clear or obvious, and (3) that affects his substantial rights.” (2)
“If the evidence is viewed in the light most favorable to the verdict, a rational trier of fact could have found beyond a reasonable doubt that Collins knew he was talking to a minor in the online chat and that he continued to make plans to meet Ty even after he learned Ty was a minor.” (4)
Factual background
An undercover agent posed as a 15-year-old named Ty on an online application and told Collins he was 15 and could not drive. Collins expressed doubt about Ty's age, then shared a sexual fantasy involving a teacher-student scenario. Collins admitted in a post-arrest interview that he had talked to four possible minors online. The evidence established that Collins knew there were minors using the application and continued to make plans to meet Ty after learning he was a minor.
Procedural history
Collins was convicted by a jury in the United States District Court for the Northern District of Texas. He was sentenced to 120 months imprisonment on each count, concurrent, and supervised release. He appealed.