Legal Opinion
United States v. Duong
Court of Appeals for the Tenth Circuit
Decided February 14, 2017No. 16-6078PublishedCited by 12 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
1. Introduction
Defendants were charged in a two-count superseding indictment with child sex trafficking and conspiracy to engage in child sex trafficking. See 18 U.S.C. §§ 1591, 1594 (2008). 1 The superseding indictment asserted only one basis by which the government would seek to prove mens rea as to the child victim’s 2 age — that Defendants had a reasonable opportunity to observe the child before engaging in a commercial sex transaction. Defendants moved to dismiss the indictment, arguing it failed to allege the mens rea element of child sex trafficking. The district…
2Cases cited11 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Holloway v. United StatesSupreme Court of the United States · 1999
- United States v. SmallsCourt of Appeals for the Tenth Circuit · 2010
- Tuckel v. GroverCourt of Appeals for the Tenth Circuit · 2011
- United States v. RobinsonCourt of Appeals for the Second Circuit · 2012
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Jermayne WhyteCourt of Appeals for the Eleventh Circuit · 2019
- United States v. OrozcoCourt of Appeals for the Tenth Circuit · 2019
- United States v. PaulerCourt of Appeals for the Tenth Circuit · 2017
- United States v. AnsberryCourt of Appeals for the Tenth Circuit · 2020
- United States v. SuggsCourt of Appeals for the Tenth Circuit · 2021
7 more not listed; retrieve them via the Exa API.