U.S. v. Taylor

In prosecution on charge of attempted transfer of obscene material to minor by using means of interstate commerce under 18 USC section 1470 that arose out of defendant’s webcam chat with undercover police official posing as 13-year-old girl, Dist. Ct. did not err in denying defendant’s request to have two jurors excused for cause, even though one juror disclosed that her daughter had been raped, and another juror indicated that she had been raped. Both jurors gave unequivocal assurances that they could be impartial, and fact that defendant used his own peremptory challenges to excuse said jurors did not violate any constitutional or rule-based right. Moreover, defendant could not assert 6th Amendment claim based on his “loss” of peremptory challenges without showing that his jury was not impartial. Also, Double Jeopardy principles did not preclude instant prosecution, even though defendant had previously been acquitted on charge of attempted use of interstate facilities to engage in criminal sexual activity with minor under 18 USC section 2422 arising out of same incident, since each charge required proof of at least one fact not required by other charge.