U.S. v. Withers

In prosecution on sex trafficking charges, Dist. Ct. erred in giving instruction that allowed jury to convict defendant if he "knew or recklessly disregarded that force, threats of force or coercion would be used" to cause women to engage in commercial sex acts, where "recklessly disregarded" language was absent from superseding indictment against defendant. However, under plain error standard, giving of said instruction did not affect outcome of trial, where record showed that defendant had actual knowledge that his use of force, threats of force and coercion caused women to engage in commercial sex acts, where several women testified that defendant: (1) posted Backpage ads for them to perform commercial sex acts; (2) instructed them to offer additional sex acts for more money; (3) transported said women across state lines knowing that said women would be performing sex acts; (4) physically and emotionally abused said women to perform sex acts; and (5) controlled access to food and phones by taking 100 percent of proceeds that said women received for performing sex acts. Moreover record did not contain any evidence to support finding that defendant recklessly disregarded but did not know that he was using force to cause said women to engage in commercial sex acts.