DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192906P.pdf 03/26/2021 United States v. Amos Koech
U.S. Court of Appeals Case No: 19-2906
U.S. District Court for the District of Minnesota
[PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Gruender, Circuit
Judge]
Criminal case - Criminal law. 18 U.S.C. Sec. 1591(c) which provides in a
prosecution for commercial sex trafficking of a minor that the Government
need not prove the defendant knew, or recklessly disregarded the fact that
the person had not attained the age of 18 if the defendant had a
reasonable opportunity to observe the person, the phrase "reasonable
opportunity to observe" is not void for vagueness as it gives a person of
ordinary intelligence fair notice of what is prohibited, is subject to
common understanding, and is typical of standards juries are asked to
consider; further, the evidence in the case demonstrated that defendant
had numerous opportunities to observe the victim, engaged in conduct that
is clearly proscribed, and he cannot complain of the vagueness of the law;
the evidence was sufficient to establish defendant's commercial sex
trafficking was in or affecting interstate or foreign commerce as the
defendant used a cell phone made in China to send texts arranging the
price for the victim's services; the instruction on this issue was not
erroneous.