Cronk, III, AUSA, argued, Davenport, IA, for Appellee. Grauer of attempted enticement of a minor to engage in illicit sexual activity in violation of 18 U. As the chats progressed, they became sexually explicit. Herriot was aware of a specific case from the Southern District of Iowa: So you're not aware of a case that arose here in Davenport where a subject named Fronczak met a 13–year–old girl here in Davenport and traveled here from California, picked her up, took her to a motel, and had sex with her, you don't know about that case? The court sustained his objection to a question about a fourth case as cumulative. Koch, 625 F.3d 470, 478 (8th Cir.2010) (quotations omitted). As to this count, the court overruled Grauer's objection to the § 2G1.3(b)(2) enhancement, explaining: Whether those misrepresentations were made with the intent to entice is the more difficult question.* * * * *The defendant ․ argues that his minor misrepresentation about his age, in this case more or less than 10 years, was not instrumental [a word used in United States v. The application note to this guideline provides: The misrepresentation to which the enhancement in subsection (b)(2)(A) may apply includes misrepresentation of a participant's name, age, occupation, gender, or status, as long as the misrepresentation was made with the intent to persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage in prohibited sexual conduct.§ 2G1.3(b)(2)(A), comment. Grauer concedes that he misrepresented his name and age in his chats with “Jenny” but argues the misrepresentations were not made with the requisite intent. But the enhancement is inclusive, applying to all identity misrepresentations made with the requisite intent, including but not limited to those relating to “name, age, occupation, gender, or status.” App. The district court clearly recognized the breadth of this inquiry when it relied for its ruling on our decision in Young, where we upheld the enhancement based upon defendant's misrepresentation of his occupation and his marital status. Here, Grauer misrepresented his age in recounting a recent sexual relationship with a college girl who “liked me.” He initially told Jenny he was a consultant but later claimed to be an engineer who designs “energy stuff” to “save the earth.” Over the course of their Internet relationship, Grauer claimed to have several young girlfriends who enjoyed sexual activity with him.
No one said anything, even after they moved to Glenwood when Vivian got a teaching job there."I'm sure back then she would have been fired," Nonie said. Nonie couldn't cook, and Vivian "couldn't mow a yard no more than the man on the moon." So they divided up duties and made a life together, although holidays with family were spent apart.
In 1947, they moved to Davenport and by 1950 had a house built, settling into the neighborhood.
Grauer, using the screen name horserancher2, entered the Iowa Romance chatroom and began chatting with “Jenny.” Their lengthy chats continued until April 9, 2010. Herriot's experience was limited to cases in which defendants chatted with undercover law enforcement officers posing as minors. Herriot embellished his credibility with the remarkable assertion that a highly relevant situation that was beyond his personal experience—adults using internet chat rooms to entice actual minors to engage in sexual activity—was “rare or nonexistent.” It was not improper for the prosecutor to impeach Dr. The prosecutor returned to this issue in rebuttal:[Defense counsel] says that the smarter approach here is to go to a motel․ It is a terrible idea. The rebuttal argument concluded: You're the conscience of this community as the Judge told you. Grauer argues this rebuttal improperly argued facts regarding Fronczak and Carter that were not in evidence. A forensic computer examiner found numerous images and videos depicting suspected child pornography in user-created electronic folders. Eight images and seven videos were submitted to the jury on Count 4, identified by the electronic file names found on Grauer's computer. For the attempted enticement count, the PSR added to the base offense level of 28 a two-level enhancement under § 2G1.3(b)(2)(A) because “the offense involved the knowing misrepresentation of a participant's identity to persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage in prohibited sexual conduct.” For the child pornography possession count, the PSR added to the base offense level of 18 enhancements totaling 19 levels, including a 7–level increase under § 2G2.2(b)(3)(E) for distribution of material intended to entice a minor to engage in prohibited sexual conduct. He also lied and told her he wasn't married when he was. Ed.2d 793 (2011), Grauer argues that his one-time misrepresentations of his age (“like 49,” instead of 58) and his name (“Gray,” instead of Grauer) “were not dramatic enough to have made a substantial difference” in his effort to persuade a minor victim to engage in sexually explicit conduct.
Messenger chat system posing as Jenny Johnston, a 14–year–old girl from Clinton, Iowa, using the screen name lil_jenny_gurl13. It was relevant to establish on cross examination that Dr. And I am going to take this fleece blanket that is going to soak up water like a sponge and drop it on the ground and go do my thing with a 14–year–old girl in public. It is a fantasy․ [I]f I am going to do that, doesn't it make a heck of a lot more sense to do it in a hotel, a motel, you know, ride your bike over to the Motel 6 ․ you don't even have to go in through the hallway, nobody will see you. Because he's going to throw it away when he's done. Ziesman, 409 F.3d 941, 954 (8th Cir.) (quotation omitted), cert. There was no error, plain or otherwise, in the district court's control of the closing arguments in this hard-fought trial. Sufficiency of the Evidence Following Grauer's arrest, police conducted a warrant search of his home and seized a Hewlett Packard laptop computer from an office area in the home. At trial, Grauer stipulated that one video depicted a minor, and the government presented testimony that other images and videos depicted minors. Viewed in the light most favorable to the verdict, the evidence was more than sufficient for a reasonable jury to find, beyond a reasonable doubt, that Grauer knowingly possessed visual depictions of minors engaging in sexually explicit conduct in violation of § 2252(a)(4)(B). The § 2G1.3(b)(2)(A) Enhancement To determine Grauer's advisory guidelines range, the Presentence Investigation Report (PSR) calculated the total offense level separately for each count of conviction. He said he was an engineer, not a band teacher, after the “girl” had told him she hated band.
"I prayed that night that she would come to Yale," Nonie said. "But I had a new friend."They hit it off."What then? Silence."This is difficult for us to talk about," Vivian said."No one knew what was happening," Nonie said. "Suddenly, we were in love."From that day forward, they felt like they were in hiding.
They moved into an apartment above a building where the local mortuary stored its caskets.
While Vivian continued to teach, Nonie worked office jobs at the local newspaper and sheet metal plant.
They traveled widely in their Lincoln Town Car, venturing to many states and their favorite location several times — the mountains of Banff, Alberta. They grew sick, and one time 16 years ago, Nonie was so bad that she spent three months in the hospital with an infection in her back that threatened to make her an invalid.
The rebuttal included only a brief reference to prior cases that Dr. Nor was it improper for the prosecutor to conclude his closing argument by stating that the jury acts as the “conscience of the community,” as the district court had stated during voir dire.
Here, it was not an abuse of discretion for the district court to allow the government in rebuttal to respond to defense counsel's argument that Grauer would have gone to a motel, rather than a public bike trail, if he had intended to have sex with a minor.
Before LOKEN and MURPHY, Circuit Judges, and JACKSON,* District Judge. On March 8 and March 25, Grauer sent links to images of young-looking males and females engaged in various sexual acts, including sexual intercourse. This was sufficient evidence that he constructively possessed the child pornography found on his computer following his arrest. Telemaque, 934 F.2d 169, 170–71 (8th Cir.1991) (targeting official victims); accord United States v. The district court, having heard lengthy trial testimony regarding the nature and purpose of Grauer's chats, was in the best position to find whether he made one or more identity misrepresentations with the intent that warranted the § 2G1.3(b)(2)(A) enhancement.