Eleventh Circuit Court of Appeals - Published Opinions

Monday, August 19, 2019

Stahlman: Affirming Enticement Conviction/Sentence Over Various Challenges

 In United States v. Stahlman, No. 17-14387 (August 19, 2019) (Hull, Jordan, Grant), the Court affirmed the defendants's conviction and sentence for enticing a minor to engage in sexual activity.

First, the Court upheld the exclusion of the defendant's expert testimony on the ground that admitting it would have violated Rule 704(b), which prohibits an expert from opining on the defendant's intent.  That expert would have directly testified that there was insufficient clinical and behavioral evidence that the defendant intended to have real sex with a minor rather than act out a fantasy involving adults.  The Court expressed no view on a whether a more limited, less direct version of expert testimony would have been admissible.

Second, the Court found no reversible error in permitting a special agent to offer lay opinion testimony regarding the age of a girl in a picture posted on Craigslist, what Craigslist is used for, whether the picture would have been "flagged," what the defendant meant in the ad, and the agent's interpretation of email communications between him and the defendant.  Although the court erroneously admitted that lay opinion as expert opinion, that error was harmless because much of his testimony, including which posts would be "flagged," would have been proper lay opinion testimony that was not based on specialized knowledge from his law-enforcement experience.  Moreover, even if some of the testimony required specialized knowledge that should have been disclosed and presented as expert testimony, that was harmless because the court would have admitted it as such even if the defense had file a motion to exclude it, and ample evidence supported the conviction.

Third, the Court rejected the defendant's argument that the evidence was insufficient to prove his intent, or that he took a substantial step toward carrying out that intent.   Although there was an innocent explanation for his conduct, the jury was free to reject it, particularly because the defendant testified at trial.

Fourth, the Court upheld a sentencing enhancement for obstruction based on perjurious testimony at trial.  The Court rejected the defendant's argument that the district court failed to make sufficient factual findings.

Finally, the Court found no reversible error in denying a motion for new trial based on a Brady and Rule 16 violation.  The Court found that, although the court used the wrong legal standard, even if the agent's prior disciplinary history was Brady material, it would not have affected the outcome of the trial had it been disclosed, so any error was harmless.