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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.