United States v. Matthew Andrew Carter , 776 F.3d 1309 ( 2015 )

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[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 13-13518
________________________
D.C. Docket No. 1:11-cr-20350-JAL-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MATTHEW ANDREW CARTER,
a.k.a. Bill Carter,
a.k.a. William Charles Harcourt,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(January 27, 2015)
Before HULL and JULIE CARNES, Circuit Judges, and ROTHSTEIN, * District
Judge.
*
Honorable Barbara J. Rothstein, United States District Judge for the Western District of
Washington, sitting by designation.
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HULL, Circuit Judge:
After a jury trial, Matthew Andrew Carter, also known as William Charles
Harcourt or Bill Carter, appeals his convictions for one count of travel in foreign
commerce for the purpose of engaging in a “sexual act” with a minor, in violation
of § 2423(b); four counts of travel in foreign commerce for the purpose of
engaging in “illicit sexual conduct” with a minor, in violation of 18 U.S.C.
§ 2423(b) and (f); and one count of attempting to travel in foreign commerce for
the same later purpose, in violation of 18 U.S.C. § 2423(e).1 After review of the
record and the briefs, and with the benefit of oral argument, we affirm.
I. BACKGROUND
A. The Six-Count Indictment
On January 12, 2012, a federal grand jury returned a six-count, second
superseding indictment against Defendant Carter. While Counts One through Five
each charged violations of 18 U.S.C. § 2423(b), Count One is described separately
because the language of § 2423(b) was amended before the date of the conduct
alleged in Counts Two through Five.2 Furthermore, as recounted later, Carter’s
1
Section 2423(b) criminalizes travel in foreign commerce for the purpose of engaging in
illicit sexual conduct with a minor, while § 2423(e) makes attempt to violate § 2423(b)
punishable in the same manner as a completed violation.
2
See Prosecutorial Remedies and Tools against the Exploitation of Children Today Act of
2003, Pub. L. No. 108–21, § 105, 117 Stat 650, 654.
2
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defense counsel made arguments regarding Count One that he did not make
regarding Counts Two through Five. See infra, Part I.E.
Count One alleged that Carter violated 18 U.S.C. § 2423(b) by traveling to
Haiti on or about October 2, 2001, “for the purpose of engaging in any sexual act,
as defined in [18 U.S.C. § 2246] with a person under 18 years of age that would be
in violation of Title 18, United States Code, Chapter 109A, if the sexual act
occurred in the special maritime and territorial jurisdiction of the United States.”
Count One tracked the language of the § 2423(b) statute in effect in 2001, which
provided:
A . . . United States citizen . . . who travels in foreign
commerce . . . for the purpose of engaging in any sexual
act (as defined in section 2246) with a person under 18
years of age that would be in violation of chapter 109A if
the sexual act occurred in the special maritime and
territorial jurisdiction of the United States shall be fined
under this title, imprisoned not more than 15 years, or
both.
18 U.S.C. § 2423(b) (2000).
In Counts Two through Five, the indictment alleged that Carter violated 18
U.S.C. § 2423(b) on occasions in 2003, 2004, 2006, and 2009 by traveling from
the United States to Haiti for the purpose of engaging in “illicit sexual conduct,” as
defined in § 2423(f), with a minor. At the time of the conduct in Counts Two
through Five, §§ 2423(b) and (f) provided:
3
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(b) Travel with intent to engage in illicit sexual
conduct.--A person who travels in interstate commerce
or travels into the United States, or a United States
citizen or an alien admitted for permanent residence in
the United States who travels in foreign commerce, for
the purpose of engaging in any illicit sexual conduct with
another person shall be fined under this title or
imprisoned not more than 30 years, or both.
...
(f) Definition.--As used in this section, the term “illicit
sexual conduct” means (1) a sexual act (as defined in
section 2246) with a person under 18 years of age that
would be in violation of chapter 109A if the sexual act
occurred in the special maritime and territorial
jurisdiction of the United States; or (2) any commercial
sex act (as defined in section 1591) with a person under
18 years of age.
18 U.S.C. § 2423. Thus, while “any sexual act . . . with a person under 18 years of
age” was changed to “illicit sexual conduct” in § 2423(b), the definition of “illicit
sexual conduct” in § 2423(f) still included “sexual act[s] . . . with a person under
18 years of age” (as defined in section 2246).
Count Six charged an attempt offense, specifically that Carter violated 18
U.S.C. § 2423(e) in 2011 by attempting to travel from the United States to Haiti for
the purpose of engaging in illicit sexual conduct with a minor.
B. The Evidence at Trial
The case proceeded to trial, which lasted for more than three weeks. The
government introduced evidence that Carter, an American citizen, ran the Morning
Star Center (the “Center”), a residential facility in Haiti that provided shelter, food,
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schooling, and amenities to local youths whose families could not afford to care for
them. From 1995 until 2011, Carter operated the Center at various locations near
Port-au-Prince, Haiti. The Center included a health clinic for the people living in
the surrounding neighborhood, which provided free services to local residents
following the January 2010 earthquake in Haiti. Carter regularly traveled to the
United States to raise charitable funds from churches and other donors to finance
the Center’s continued operation.
The Center and its clinic, however, were the façade Carter used to shield his
abuse of young boys in Haiti for more than a decade and a half. Sixteen witnesses
testified that Carter sexually abused them when they lived at, or frequented, the
Center between 1995 and 2011. The abuse included Carter performing oral sex on
children, requiring children to perform oral sex on him, touching the genitals of
children, attempting to engage in anal sex with children, and requiring children to
masturbate him. All of Carter’s victims were male children. If the children
complied with his sexual demands, Carter would provide them with gifts and treat
them better than he would other children at the Center. But if a child refused to
comply with his sexual demands, Carter would hit the male child with closed fists,
spank him with sticks, and give him “the worst kind of chores.” The victims did
not report the abuse to others or leave the facility because they were ashamed or
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afraid of Carter. The abuse ended when Carter was arrested at Miami International
Airport on May 8, 2011.
C. The Testimony of Witness G.S.
Among the witnesses to testify during the government’s case in chief was
G.S., who testified that he lived as a child at the Center in Haiti and that Carter
repeatedly forced him to masturbate Carter. 3 Carter also requested oral sex from
G.S. and, on at least one occasion, made G.S. and other boys strip naked and touch
their own genitals, ostensibly in an effort to locate five dollars that were missing.
G.S. also testified that Carter sexually abused other boys and would beat or
otherwise punish them if they refused to comply with Carter’s sexual demands.
On direct examination, G.S. admitted that he had not disclosed that Carter had
forced him to masturbate Carter until two days before his testimony. G.S. testified
that he had not previously disclosed that abuse “[b]ecause these are ugly things.
For them to come out of me, they are very ugly things. And I have to tell the truth.
I wanted to come and tell it to him in his face. I was waiting to see if I would be
part of the trial so I could tell it to him in his face.”
On cross-examination, Carter’s defense counsel began to question G.S.
about the contents of his initial interview with law enforcement, which occurred on
3
Although he was an adult at the time of the trial, G.S.’s full name is not included in the
trial transcript because he was a minor when he alleges that Carter abused him. We use this
convention throughout the remainder of this opinion when discussing witnesses who alleged that
they were abused as children.
6
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May 22, 2011, only two weeks after Carter’s arrest in connection with this case.
During this line of questioning, defense counsel eventually asked G.S. whether he
had told government agents “that not only did he not touch you sexually” but also
“that you saw nothing improper going on at the program.”
The government objected on hearsay grounds, but Carter’s defense counsel
argued that the question was permissible impeachment based on prior inconsistent
statements. Defense counsel referred to notes prepared by law enforcement from
the May 22, 2011 interview with G.S., which indicate that G.S. told the interviewer
that “[t]his guy never did anything to me because he never did anything to me.”
Defense counsel also proffered that G.S. told law enforcement on November 30,
2011, that he never saw Carter do anything to any children, although G.S. knew
that Carter did “bad things to some of the boys at night.” The government noted
that those statements attributed to G.S. were “based on law enforcement [notes] . . .
and not from any sworn statements taken under oath or any recorded statements.”
The government then summarized its objection as not objecting to this line of
inquiry, but only to the form of the question as hearsay, stating:
The Government doesn’t object to the line of inquiry
that defense counsel seeks to make. The Government
would only object to the form of the question as
characterizing it as hearsay: On such-and-such date,
didn’t you tell law enforcement X, Y or Z?
The Government would also object to the theatrical
use of the law enforcement reports, as [defense counsel]
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reads from them and waves them around to the jury. We
think that’s inappropriate.
It gives the impression that he’s reading from some
sort of official document. It gives the impression to the
jury that the defense counsel is actually reading the
witness’s actual statements when that is not, in fact, the
case.
The district court ruled that Carter’s defense counsel could question G.S.
about those subject matters but not in the type of question form being used.
Defense counsel then continued his cross-examination of G.S. G.S.
admitted that, at his first meeting with law enforcement, G.S. denied being
involved in any sexual activity with Carter. The district court then sustained the
government’s objection to other questions about this meeting, directing the defense
counsel to rephrase his questions: something that counsel never successfully did.
Defense counsel then began asking questions of G.S. about a later meeting
with law enforcement, held on November 30, 2011. Defense counsel asked G.S.,
“You, in fact, denied again participating in any sexual activity with [Carter].
Correct?” The government objected, but the district court overruled the objection.
G.S. then testified that he had, in fact, made that denial. Defense counsel
continued asking G.S. about his statements to law enforcement.
During this line of questioning, the district court repeatedly overruled
government objections on hearsay grounds. Finally, given the numerous
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objections by the government as to counsel’s good faith basis for asking particular
questions, the district court ruled:
What I will allow you to do, [defense counsel], is detail
with him how many meetings he had since he arrived in
the country—how many meetings he had with the
Government since he arrived in the country and up until
two days ago he didn’t reveal anything.
After this ruling, defense counsel elicited from the witness that the witness had
first told agents about his sexual abuse only two days before trial and had not told
agents before because he was embarrassed.
D. Mid-Trial Motions for Foreign Witness Depositions
On February 12, 2013, a week after the evidentiary portion of the trial began
and during the government’s case in chief, Carter moved to take four witness
depositions in Haiti, pursuant to Federal Rule of Criminal Procedure 15. Carter’s
motion stated that his lawyers, who traveled to Haiti after the jury was selected but
before the jury was impaneled, had found three “exculpatory witnesses” living near
the Center in Haiti who did not have passports or visas and could not afford to
secure those documents to travel to the United States to testify. Carter’s counsel
proffered that the witnesses would testify that Carter helped the residents who
lived near the Center and that they saw no signs of sexual abuse. Specifically, the
witnesses would
testify how the defendant was an asset to the
neighborhood and how [Carter] and the other residents of
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the Morning Star Center helped the neighborhood both
before and after the earthquake with donations of food,
clothing and medical supplies. In addition, they will
testify that due to the actions of Mr. Carter, many lives
were saved both in the neighborhood and the nearby tent
city after the earthquake.
They will also testify that during their time in the
neighborhood they interacted with both Mr. Carter and
the residents of the Morning Star Center. They will
testify that the residents were well treated by the
defendant and they saw absolutely no signs of the sexual
abuse that has been alleged.
They will also testify how the residents interacted
with those in the neighborhood and there were no signs
of sexual abuse that support the allegations against the
defendant.
Additionally, Carter’s counsel sought to take a deposition of Pastor Alan
Randall, a witness in Haiti who was “unable to travel to the United States because
his wife recently suffered a massive heart attack and he cannot leave her for an
extended period of time.” Carter’s counsel proffered that Pastor Randall would
testify he visited the Center and saw no sign of sexual abuse:
Randall will testify that he has been to the Morning Star
Center on many occasions. He had been invited to dinner
many times. In addition, he visited the Morning Star
Center with personnel from the United Nations. He will
further state under oath that he saw absolutely no sign of
any sexual contact or abuse from the defendant.
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On February 19, 2013, Carter’s counsel filed a supplement to his motion to
depose the three witnesses who lived in the neighborhood around the Center. 4
Carter again contended that the three witnesses would testify that there were no
signs of sexual abuse that support the allegations against the defendant. However,
Carter’s supplement to the motion to depose focused on the fact that the
government had introduced evidence of Carter’s interactions at the Center with
children in the neighborhood. In light of the testimony elicited by the government,
Carter argued, the depositions were “more crucial now” and the motion should be
granted.
A day later, on February 20, 2013, Carter’s counsel filed another, separate
motion to depose a foreign witness pursuant to Rule 15. In that motion, Carter
requested permission to depose Kate Jensen, who lived in Copenhagen, Denmark.
Carter stated that Jensen was scheduled to travel to the United States on February
27, 2013, but that she suffered a setback in her recovery from a broken left
shoulder and was no longer able to appear in person. Carter’s counsel proffered
that Jensen would also testify that she visited the Center and never suspected any
sexual abuse was occurring:
Ms. Kate Jensen, if permitted to testify[,] would state that
she is a criminal investigator/police officer with the
Copenhagen Police Department who was on a leave of
absence and assigned to the United Nations in Haiti from
4
This motion did not mention the fourth witness in Haiti, Pastor Randall.
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approximately 2006 to 2011. She met the defendant in
early 2009 at a BBQ with about 15 residents of the
Morning Star Center. She would testify that the children
were very well behaved and very respectful to all of the
guests. Off[icer] Jensen was so impressed with the
children’s behavior that she visited the Morning Star
Center on numerous occasions. During those visits she
would stay for dinner but not spend the night. When she
heard that Bill Carter (a male) was operating a children’s
home with only boys, her criminal investigators’
background kicked in and she wanted to make sure
nothing illegal was going on. Ms. Jensen will testify that
at no time did she ever suspect that any type of sexual
abuse was going on at the orphanage. It appeared to her
that all of the children loved being there.
Carter’s defense counsel informed the district court that Jensen “is not an expert
but is a fact witness.”
Before the defense presented its case in chief, the district court orally denied
both motions to depose witnesses. The government offered to stipulate certain
facts to which the foreign witnesses would allegedly testify, including that none of
the witnesses personally observed Carter engaging in illicit sexual conduct with the
Center’s residents, but defense counsel rejected the stipulation, stating that
“nothing could take the place of the Rule 15 depositions.” Carter’s counsel then
made a renewed, oral motion to take the five foreign witness depositions. The
district court denied the renewed motion, saying that the testimony Carter sought
was immaterial to the case and cumulative of other evidence. The district court
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supplemented its oral order with a written order that explained its reasons for
denying the motions to depose foreign witnesses.
E. Motion for Judgment of Acquittal
At the conclusion of the government’s case in chief, Carter’s defense
counsel moved for judgment of acquittal on all counts, pursuant to Federal Rule of
Criminal Procedure 29(a). As to all counts, Carter argued, inter alia, that the
government failed to introduce evidence sufficient to sustain a conviction.
With regard to Count One only, Carter’s defense counsel also argued that the
§ 2423(b) statute applicable to that count required the government to prove that the
defendant engaged in a sexual act with a minor and that the act was performed
within the special maritime and territorial jurisdiction of the United States. As to
Count One, Carter’s defense counsel contended that there was no “evidence to
show that any of the purported sexual acts that occurred [around] October, 2001,
ever occurred within the special maritime and territorial jurisdiction of the United
States,” and that Carter was therefore entitled to a judgment of acquittal as to
Count One.5
5
Carter’s defense counsel did not make this argument as to Counts Two through Five
because those counts alleged violations that occurred after the 2003 amendment to § 2423(b),
which he apparently interpreted as removing the requirement that the government prove a sexual
act occurred within the special maritime and territorial jurisdiction of the United States. During
trial, defense counsel stated:
Count 1 charges that, on or about October 2nd, 2001, . . . the
Defendant, a United States citizen, did travel in foreign commerce
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After hearing arguments, the district court denied Carter’s motion for
judgment of acquittal as to all counts.
F. The Introduction of Government Exhibit 105
Carter’s counsel then put on Carter’s defense, which included only one
witness: Carter.
Carter denied every allegation of sexual abuse. Carter admitted that he
traveled from the United States to Haiti on each of the dates alleged by Counts One
through Five. But he testified that his purpose in traveling to Haiti was to support
from the United States . . . to Haiti for purposes of engaging in any
sexual act, as defined in [18 U.S.C. § 2246], with a person under
18 years of age that would be a violation of Title 18, United States
Code, Chapter 109—and this is the language I want the Court to
focus on—if the sexual act occurred in the special maritime and
territorial jurisdiction of the United States . . . .
While the evidence that Mr. Carter may or may not have
committed sexual acts with persons under 18 years of age during
this time period is a jury question, the issue as to whether the acts
occurred within the special maritime and territorial jurisdiction of
the United States is also a question of law. . . . However, the
evidence that came in through this—through the Government’s
case in chief failed to show that the acts occurred in the special
maritime and territorial jurisdiction.
If the Court notes[,] the remaining counts, 2 through 6, do not
have that requirement. Only Count 1 [includes the location as an
element], based on the age of that count. And, therefore, a
judgment of acquittal, at a minimum, should be entered as to that
count.
We note, however, that the language, “if the sexual act occurred in the special maritime
and territorial jurisdiction of the United States,” was removed from § 2423(b) but was still
included in the definition of “illicit sexual conduct” in § 2423(f).
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and further the work of the Center, and to bring back donations and supplies
collected in the United States to the Center. Carter denied traveling to Haiti for the
purpose of engaging in sexual acts with minors.
During direct examination, Carter testified that he lived in Egypt for several
years beginning in 1986. In Egypt, Carter lived in a house with a young boy,
whose mother Carter paid so that the boy would live with him and perform certain
tasks. Carter further testified that he was arrested by Egyptian law enforcement,
who falsely accused him of being a spy. Defense counsel asked whether “there
any allegations of sexual impropriety made against” Carter. Carter replied, “Not
that I know of at the time.” Nonetheless, according to Carter, an investigation
commenced, and Carter was eventually deported from Egypt and sent back to the
United States. On cross-examination, Carter denied that he was arrested on child
molestation charges.
After the defense rested, the government prepared to call a rebuttal witness
and sought to introduce evidence that would impeach Carter’s testimony and prove
that Carter knew that he had been arrested on suspicion of child molestation.
Specifically, the government sought to admit into evidence Exhibit 105, a cable
sent between State Department employees in February 1990, which documented
Carter’s arrest in Egypt. The cable contained two sections. The first section
resembled a form, with more than 20 lines of information, including “Name,”
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“Sex,” “DPOB” (date and place of birth), “Date and place of arrest,” “Arrest
condition,” and “Charges.” The second section included comments made by State
Department officials, including references to statements made by Carter and an
assessment of the State Department’s investigation into his arrest.
The government contended that the State Department, including its Embassy
in Egypt, had a policy of making a record in this form of any arrest of an American
citizen in a foreign country. Accordingly, the government argued that the cable
was admissible as a business record, pursuant to Federal Rule of Evidence 803(6),
and alternatively as a public record, pursuant to Rule 803(8).
Carter objected to the admissibility of the cable on hearsay and
Confrontation Clause grounds. Carter objected both to the admissibility of the
cable itself, and more specifically to the admissibility of “the law enforcement
activity of the Egyptian police and the Egyptian Government” that was recorded on
the first section of cable. Carter contended that his arrest information should be
excluded because such a report constituted hearsay from an Egyptian official,
rather than information to which the State Department employee who filled out the
form had personal knowledge.
After hearing arguments, the district court stated that it was impossible to
know whether the statements attributed to Carter in the comments section of the
cable were made by Carter to the Egyptian authorities, and that the State
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Department official who filled out the form might not have had direct knowledge
of the conversation. The government agreed. The district court then stated that “if
[the comment portion] came from the arrest form, [its admission] would be a
violation of the confrontation clause.”
The district court further stated that “the pro forma portion of the form,
which is name, date of birth, arrest charge, date of arrest, medical condition—all of
that information is the information made in the normal course of affairs to be
collected by both the [U.S.] Embassy, in this instance in Egypt, and to be
transmitted back to the Department of State in Washington, DC, for the purpose of
protecting the interests of the [U.S.] citizen abroad.” Accordingly, the district
court admitted a redacted version of the cable, which included the arrest
information in the first section, but did not include the second (comments) section
with the references to Carter’s statements.6
G. The Jury Instructions
The government submitted proposed jury instructions, which provided, in
relevant part, as to Count One:
Count 1 charges the Defendant, a United States
citizen, with traveling in foreign commerce from the
United States to Haiti for the purpose of engaging in any
sexual act with a person under 18 years of age. . . .
6
The district court also concluded, in the alternative, that the cable was admissible as a
public record, pursuant to Rule 803(8).
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The Defendant can be found guilty of Count 1 only if
all the following facts are proved beyond a reasonable
doubt:
(1) the Defendant is a United States citizen;
(2) the Defendant traveled in foreign commerce;
and
(3) the Defendant traveled for the purpose of:
• engaging in a sexual act with a person who
is under 16 years of age and is at least four
years younger than the Defendant; or
• causing a person under 18 years of age to
engage in a sexual act by threatening or
placing that person in fear; or
• causing a person under 18 years of age to
engage in a sexual act by using force against
that person. . . .
The Government does not have to prove that the
Defendant actually engaged in a sexual act with a person
under 18 years of age, but must prove that he traveled
with the intent to engage in such conduct.
Carter’s counsel objected to the proposed instructions as to Count One on
two grounds. First, he requested that the phrase “if that sexual act occurred in the
special maritime and territorial jurisdiction of the United States” be added both to
the introductory paragraph, after “18 years of age,” and to the elements of the
offense, as the fourth element. Second, Carter’s counsel requested that the word
“knowingly” be added before the word “traveled” in the elements of the crime.
The district court overruled Carter’s objections and charged the jury as to
Count One, in relevant part:
Count 1: It’s a federal crime for a United States
citizen to knowingly travel in foreign commerce for the
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purpose of engaging in a sexual act with a person under
18 years of age.
The Defendant can be found guilty of Count 1 only if
all the following facts are proved beyond a reasonable
doubt:
1: The Defendant is a United States citizen;
2: The Defendant traveled in foreign commerce; and,
3: The Defendant traveled for the purpose of engaging
in a sexual act with a person who is under 16 years of age
and is at least four years younger than the Defendant, or
causing a person under 18 years of age to engage in a
sexual act by threatening or placing that person in fear, or
causing a person under 18 years of age to engage in a
sexual act by using force against that person.
The term “sexual act” means contact between the
penis and the vulva or the penis and the anus involving
penetration, however slight; or contact between the
mouth and the penis, the mouth and the vulva, or the
mouth and the anus; or the penetration, however slight, of
another person’s anal or genital opening by a hand, finger
or any object with an intent to abuse, humiliate, harass or
degrade the person or arouse or gratify the sexual desires
of the Defendant or any other person; or an intentional
touching, not through the clothing, of the genitalia of a
person younger than 16 years old with the intent to abuse,
humiliate, harass or degrade the person or arouse or
gratify the sexual desire of the Defendant or any other
person. . . .
The Government does not have to prove that the
Defendant actually engaged in a sexual act with a person
under 18 years of age, but must prove that he traveled
with the intent to engage in such conduct. Proof of the
Defendant’s intent may be established by either direct or
circumstantial evidence.
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The Government does not have to show that the
sexual act is illegal in the country to which the Defendant
traveled.
The district court did not specify that the jury must find that the sexual act,
which was the defendant’s purpose, would have been illegal if it occurred in the
special maritime or territorial jurisdiction of the United States. Rather, the district
court defined “sexual act” according to the meaning given to that term by 18
U.S.C. § 2246. Carter did not object to the district court’s definition of “sexual
act” in its jury instructions for Count One.
As to the jury instructions for Counts Two through Five, Carter made only
one objection, which was about certain evidence and was sustained. 7
H. Guilty Verdict and Sentencing
On February 28, 2013, the jury found Carter guilty on all counts. After trial,
Carter filed a Rule 29(c) motion for judgment of acquittal and a Rule 33 motion for
a new trial. See Fed. R. Crim. P. 29 and 33. The district court denied both
motions, and sentenced Carter to 1,980 months’ imprisonment. 8
Carter timely appealed.
7
Carter objected to a paragraph in the proposed jury instructions regarding the difference
between direct and circumstantial evidence. That objection, which was sustained, is not at issue
on appeal.
8
The district court sentenced Carter to six consecutive terms: 180 months’ imprisonment
for Count One and 360 months’ imprisonment each for Counts Two through Six. On appeal,
Carter challenges only his convictions and does not raise any sentencing issues.
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II. DISCUSSION
A. Denial of Carter’s Rule 29 Motions on Count One
On appeal, Carter’s first argument is that the district court erred in denying
his motions for judgment of acquittal on Count One.9 Carter contends that the
version of the § 2423(b) statute applicable to Count One, as well as the language
used in Count One, required the government to prove that the sexual act itself
occurred in the special maritime and territorial jurisdiction of the United States,
and the government did not prove this fact.10
It is clear from a review of the § 2423(b) statute and the indictment that the
government was not required to prove that the defendant actually committed any
sexual act whatsoever, let alone prove that the defendant committed a sexual act in
the special maritime and territorial jurisdiction of the United States. See United
States v. Bredimus, 352 F.3d 200, 210 (5th Cir. 2003) (“We find . . . that the
criminal act under § 2423(b) is foreign travel with criminal intent; and thus, the
offense is complete even if the illicit intent is never realized.”); see also United
States v. Vang, 128 F.3d 1065, 1069 (7th Cir. 1997) (“In 1994, Congress created
9
Carter does not appeal the district court’s denial of his motion for judgment of acquittal
on any other count.
10
We review de novo a district court’s denial of a motion for judgment of acquittal on
sufficiency of the evidence grounds and look at the record in the light most favorable to the jury
verdict, drawing all reasonable inferences and credibility choices in its favor. United States v.
Reeves, 742 F.3d 487, 497 (11th Cir. 2014). We also review de novo the district court’s
interpretation of a statute. United States v. Murrell, 368 F.3d 1283, 1285 (11th Cir. 2004).
21
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§ 2423(b) in a further attempt to expand the protection of minors. The new statute
punishes mere ‘travel’ in interstate commerce . . . .”).
The phrase Carter highlights—“if the sexual act occurred in the special
maritime and territorial jurisdiction of the United States”—does not limit the
territorial or jurisdictional reach of the statute. Rather, it defines what types of
sexual acts a defendant must have traveled for the purpose of committing to be
guilty of the crime: those sexual acts that would be unlawful if they occurred in the
special maritime and territorial jurisdiction of the United States.
Carter’s argument that Count One should have been dismissed because the
government failed to produce evidence that he engaged in any sexual acts in the
special maritime or territorial jurisdiction of the United States therefore lacks
merit. That the defendant committed a sexual act in a particular jurisdiction simply
is not an element of a violation of § 2423(b). Accordingly, the district court
properly denied Carter’s motions for judgment of acquittal as to Count One.
B. Overruling of Carter’s Objections to the Jury Instructions
On appeal, Carter’s second argument is that the district court erred in its jury
instructions regarding the § 2423(b) offenses in Counts One through Five.11
11
We review de novo the legal correctness of jury instructions. United States v. Gibson,
708 F.3d 1256, 1275 (11th Cir.), cert. denied, 571 U.S. ___, 134 S. Ct. 342 (2013). We defer to
the district court on questions of phrasing absent an abuse of discretion. Frank, 599 F.3d at
1236. The district court’s jury instructions are subject to harmless error review. United States v.
House, 684 F.3d 1173, 1196 (11th Cir. 2012), cert. denied, 568 U.S. ___, 133 S. Ct. 1633 (2013).
22
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1. Count One: Location of the Sexual Acts
Carter first argues that the district court erred by failing to include in the
instruction for Count One “the element requiring the jury to find whether ‘the
sexual act occurred in the special maritime and territorial jurisdiction of the United
States.’” For the reasons explained in Part II.A, Carter’s argument lacks merit.
Neither the commission of the sexual act, nor its occurrence in a particular
jurisdiction, was an element of the § 2423(b) offense in Count One. 12
2. Counts One through Five: Whether “Knowing Travel in Foreign
Commerce” is an Element
Next, in his brief on appeal, Carter contends that the term “knowingly”
should have been included in the elements under Counts One through Five
“because § 2423(b) is a specific intent crime and[/]or is a crime requiring intent
that requires travel[ing] with a purpose.”
As an initial matter, where a defendant agrees to the “court’s proposed
instructions, the doctrine of invited error applies, meaning that review is waived
even if plain error would result.” United States v. Frank, 599 F.3d 1221, 1240
(11th Cir. 2010). Because Carter’s defense counsel at trial agreed to the jury
instructions as to Counts Two through Five after the district court sustained his
only objection to those instructions, Carter has waived his right to appeal the jury
12
While Carter does not raise this issue as to Counts Two through Five, we note those
counts also do not require the government to prove that the defendant engaged in illicit sexual
conduct in a particular location.
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instructions as to Counts Two through Five, even if the instructions constituted
plain error.
In any event, neither version of § 2423(b) has a “knowing” requirement in
the statute. In reaching this conclusion and in construing this criminal statute, “we
begin with the plain language; where the language Congress chose to express its
intent is clear and unambiguous, that is as far as we go to ascertain its intent
because we must presume that Congress said what it meant and meant what it
said.” United States v. Browne, 505 F.3d 1229, 1250 (11th Cir. 2007) (quotation
marks omitted).
Notably, the language of the § 2423(b) statute, quoted above, did not include
any reference to “knowing[ ] travel[ ] in foreign commerce” or any other use of the
word “knowing” or “knowingly.” Similarly, the current version of § 2423(b) does
not include any use of the word “knowing” or “knowingly.” See 18 U.S.C.
§ 2423(b) (2012) (“A . . . United States citizen . . . who travels in foreign
commerce, for the purpose of engaging in any illicit sexual conduct with another
person shall be fined under this title or imprisoned not more than 30 years, or
both.”). 13
13
By contrast, an adjacent subsection of § 2423 does include a “knowing” requirement.
See 18 U.S.C. § 2423(a) (“A person who knowingly transports an individual who has not
attained the age of 18 years in interstate or foreign commerce . . . shall be fined under this title
and imprisoned not less than 10 years or for life.” (emphasis added)).
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We are mindful that the district court included the phrase “knowing[ ] travel
in foreign commerce” in the introductory paragraph of the jury instructions 14 and
that the phrase likewise appears in the introductory paragraph of the current pattern
charge for a violation of § 2423(b). See Eleventh Circuit Pattern Jury Instructions
(Criminal Cases) at 534-35. However, this Circuit’s pattern instructions, while a
valuable resource, are not binding law. See United States v. Dohan, 508 F.3d 989,
994 (11th Cir. 2007).
And Congress has chosen not to include a “knowing” requirement in
§ 2423(b). Neither the version of § 2423(b) in effect at the time of the charged
conduct, nor any later version, includes the term “knowing” or “knowingly.” See
18 U.S.C § 2423(b) (2000); id. § 2423(b) (2010). Rather, the mens rea required by
the § 2423(b) statute is that the individual travel for the purpose of committing
certain acts. See United States v. Tykarsky, 446 F.3d 458, 471 (3d Cir. 2006). Put
simply, “knowing travel in foreign commerce” is not now, and was not before, an
element of a § 2423(b) offense.
Carter has offered no reason why we should deviate from the plain language
of § 2423(b) and insert an element that Congress did not include when drafting that
statute. Rather, Carter merely lists two decisions, which he claims “reference
14
Although the district court likewise included that phrase in its introductory paragraph to
the jury instructions for Counts One through Five, it did not include it when specifying the
elements of a § 2423(b) offense.
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§ 2423(b) as ‘knowingly’ [sic].” The first, United States v. Vance, does not, in
fact, refer to the completed offense as including a knowledge requirement. See
494 F.3d 985 (11th Cir. 2007), superseded by statute on other grounds as
recognized in United States v. Jerchower, 631 F.3d 1181, 1186 (11th Cir. 2011).
In Vance, this Court quoted a federal grand jury indictment that charged the
defendant with the inchoate crime of “knowingly attempting to travel in foreign
commerce,” in violation of § 2423(b) and (e). Vance, 494 F.3d at 990 (emphasis
added and brackets omitted). The word “knowingly” in the indictment thus
modifies “attempting,” not “travel.” At no point did this Court indicate that the
statute required knowing travel. See generally id.The second decision Carter identifies, United States v. Robertson, includes
only two passing references to the defendant pleading guilty to “knowingly
traveling in interstate commerce for the purpose of engaging in a sexual act with” a
minor. 350 F.3d 1109, 1111, 1114 (10th Cir. 2003). In that case, the defendant did
not challenge his conviction, the sufficiency of the evidence, the elements of the
crime, or anything else that would have required the court to consider whether
“knowing[ ] travel[ ]” was an element of the offense. See generally id. Rather, the
only issue on appeal was the application of a sentencing guidelines enhancement.
See id. at 1112. These two passing references do not persuade us that we should
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ignore the plain meaning of the § 2423(b) statute and add an element to the offense
created by Congress.
Accordingly, the district court’s jury instructions were legally correct, and
its phrasing did not constitute an abuse of discretion, much less reversible error.15
C. Denial of Carter’s Motions for Foreign Witness Depositions
Next, Carter argues that the district court erred in denying his motions to
take five foreign witness depositions during the trial. Carter contends that “the five
witnesses’ [sic] were going to testify to a material fact that was allegedly in dispute
within Counts 1-6,” and “would have supported and[/]or corroborated Carter’s
testimony and the theory of the defense that he did not travel to Haiti to engage in
sexual acts with persons under the age of eighteen, but instead to engage in acts of
good will for the Haitian community.” Carter also argues that “the proferred
witnesses’ testimony would have shown that there were no signs of sexual abuse”
at the Center. Finally, Carter contends that the error was per se reversible because
it amounted to a “deprivation of Carter’s fundamental right to a fair trial.”16
15
Even if we were persuaded that the § 2423(b) statute requires “knowing travel in
foreign commerce,” we nonetheless conclude that any error was harmless. Carter himself
testified that he traveled from the United States to Haiti on October 2, 2001 (albeit allegedly only
to bring funds he raised from the United States to the Center). Therefore, even if the government
bears the burden under § 2423(b) to prove that Carter’s overseas travel to Haiti was done
knowingly, Carter’s own testimony proves that it was.
And abundant evidence of Carter’s sexual conduct with minors in Haiti was more than
sufficient to support the jury’s verdict that Carter’s travel to Haiti was in foreign commerce for
the purpose of committing sexual acts with minors.
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District courts may grant a party’s request to depose a prospective witness
“because of exceptional circumstances and in the interest of justice.” Fed. R.
Crim. P. 15(a)(1). The moving party bears the burden of showing that exceptional
circumstances exist to warrant the deposition. Drogoul, 1 F.3d at 1552. “[T]hree
factors guide the exceptional circumstances analysis: whether (1) the witness is
unavailable to testify at trial; (2) injustice will result because testimony material to
the movant’s case will be absent; and (3) countervailing factors render taking the
deposition unjust to the nonmoving party.” United States v. Ramos, 45 F.3d 1519,
1522-23 (11th Cir. 1995). “The principal consideration guiding whether the
absence of a particular witness’s testimony would produce injustice is the
materiality of that testimony to the case.” Drogoul, 1 F.3d at 1552. This Court has
reversed a district court’s denial of a motion for foreign witness depositions where
the expected testimony was “highly material to the case,” going to “the very heart
of the government’s allegations,” and the countervailing concerns were premature
and speculative. Id. at 1553-56.
Although offered separately, Carter’s proffers of the witnesses’ testimony
demonstrate that all five witnesses would have offered testimony relating to only
16
We review for abuse of discretion a district court’s decision to refuse to allow a party to
take a deposition in a criminal case. United States v. Thomas, 62 F.3d 1332, 1340 (11th Cir.
1995). Depositions are generally disfavored in criminal cases, and foreign depositions, in
particular, are considered “suspect” and are “not favored.” United States v. Drogoul, 1 F.3d
1546, 1551 (11th Cir. 1993).
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two points: (1) that the witnesses observed Carter performing good works in the
community, and (2) that the witnesses saw “no signs” of sexual abuse of children.
Carter contends that this testimony would have helped him establish that he
traveled in foreign commerce for the purpose of helping the community, not for the
purpose of engaging in sexual acts with minors.
First, to the extent that Carter sought to introduce testimony that he
performed good deeds in the community, such testimony would have been
cumulative. Here, other witnesses, including some of the victims, testified that
Carter operated the clinic for the community; that the clinic provided free services;
and that children whose families could not afford to support them received
clothing, food, and education at the Center.17 Accordingly, the district court did
not abuse its discretion by excluding this deposition testimony. See United States
v. Blackman, 66 F.3d 1572, 1578 (11th Cir. 1995) (affirming denial of motion to
depose witnesses where other witnesses “testified about the events” and “the
defendants’ claims . . . were fully developed”).
Second, to the extent that Carter sought to introduce testimony from
witnesses that they saw no signs of abuse at the Center, Carter has shown no error
in this regard either. Carter did not proffer that any of these witnesses would be
17
Carter also indicates that he sought to introduce evidence from the foreign witnesses
that the children at the Center were “well treated.” However, such evidence would not be
material to the central issue in this case, which is whether he traveled in interstate commerce for
the purpose of engaging in sexual acts with children. See Ramos, 45 F.3d at 1523.
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expert witnesses.18 Without Carter proffering any expertise by the witnesses in the
identification of hidden sexual abuse, the district court could not have admitted
their testimony that they saw “no signs” of abuse for the purpose of establishing
that the abuse did not occur. See United States v. Frazier, 387 F.3d 1244, 1260
(11th Cir. 2004) (observing that only expert witnesses may give their opinion about
matters on which they do not have first-hand knowledge).
Accordingly, the district court at best could have admitted only testimony
that the witnesses did not directly observe abuse during their limited interactions
with Carter. But the fact that certain witnesses did not see children being abused
during particular times when they interacted with Carter does nothing to contradict
the testimony of the victims who claimed Carter forced them, as children, to
engage in sexual acts with him inside the Center when away from other adults.
Thus, the district court did not abuse its discretion by excluding this deposition
testimony. Cf. Ramos, 45 F.3d at 1523 (stating that the absence of “testimony
material to the movant’s case” is a factor in the exceptional-circumstance analysis
under Rule 15).
Because the foreign witnesses’ proffered testimony consisted only of
cumulative, immaterial, or inadmissible evidence, Carter failed to establish the
18
Even though Jensen had been a police investigator, Carter did not proffer evidence that
she was an expert at identifying sexual abuse, and defense counsel specifically stated that she “is
not an expert but is a fact witness.”
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second factor in the exceptional-circumstances test under Rule 15, that “injustice
will result because testimony material to the movant’s case will be absent.” See
Ramos, 45 F.3d at 1523.
D. Admission of Exhibit 105
On appeal, Carter also argues that the district court erred in admitting
Exhibit 105, a partially-redacted State Department Cable reporting Carter’s 1990
arrest in Cairo, Egypt, for alleged child molestation. Carter contends that “the
court erred in admitting Exhibit 105 with the fact that Carter had been arrested for
child molestation in Egypt in 1990 as the government informed the Court that it
probably came from the arresting authorities and the Court acknowledged that is a
violation of the right to confrontation.” Carter argues that the admission of Exhibit
105 constituted “per se reversible error.”19
We conclude that Carter has abandoned arguments necessary for him to
establish that the district court erred in its hearsay ruling or in its Confrontation
Clause ruling, and his claims as to each therefore fail.
19
A review of the record reveals that Carter’s claim that “the government informed the
Court that [the information regarding the arrest charge] probably came from the arresting
authorities” lacks merit. The government admitted that the second section, containing
comments, might have included information that came from the arresting authorities. But that
section was not admitted as evidence and cannot form the basis of Carter’s argument.
Rather, the only section admitted into evidence was the first section, which included the
allegation that Carter was arrested on child molestation charges. The district concluded that the
information included in the first section “is the information made in the normal course of affairs
to be collected by both the US Embassy, in this instance in Egypt, and to be transmitted back to
the Department of State in Washington, DC, for the purpose of protecting the interests of the US
citizen abroad.” Regardless, for the reasons discussed infra, we reject Carter’s arguments.
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With regard to hearsay, the primary ground upon which the district court
admitted the cable was that the cable constituted an admissible business record,
pursuant to Rule 803(6). But on appeal, Carter’s brief has failed to make any
argument regarding—or even any reference to—the district court’s Rule 803(6)
determination.20 Accordingly, we conclude that he has abandoned any argument
that the district court erred by admitting the cable pursuant to Rule 803(6). See
Davis v. Coca-Cola Bottling Co. Consol., 516 F.3d 955, 972 (11th Cir. 2008) (“It
is well settled in this circuit that an argument not included in the appellant’s
opening brief is deemed abandoned.”). Because he has “abandoned an issue on
which he had to prevail in order to obtain reversal” on hearsay grounds, his hearsay
argument fails. See United States v. King, 751 F.3d 1268, 1277 (11th Cir.), cert.
denied, 135 S. Ct. 389 (2014).
Turning to Carter’s Confrontation Clause argument, we first note the
Confrontation Clause prohibits the admission of a declarant’s out-of-court
testimonial statements unless the declarant was unavailable and the defendant had
a previous opportunity to cross-examine the declarant. Crawford v. Washington,
541 U.S. 36, 53-54, 124 S. Ct. 1354, 1365 (2004). However, the Confrontation
Clause does not prohibit the admission of non-testimonial statements. See
Crawford, 541 U.S. at 68, 124 S. Ct. at 1374 (“Where nontestimonial hearsay is at
20
On appeal, Carter filed an opening brief but chose not to file a reply brief.
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issue, it is wholly consistent with the Framers’ design to afford the States
flexibility in their development of hearsay law.”). In his brief, Carter does not
argue that the cable or the record of his arrest in Egypt were testimonial.
Accordingly, he has again abandoned a necessary issue in his larger Confrontation
Clause argument, which therefore fails. See United States v. Mathis, 767 F.3d
1264, 1278 (11th Cir. 2014) (“[The defendant] does not argue on appeal that [the
out-of-court statements] were testimonial and he has ‘therefore abandoned an issue
on which he had to prevail in order to obtain reversal.’” (quoting King, 751 F.3d at
1277)).
Even if Carter had preserved the issues, his hearsay and Confrontation
Clause arguments would be subject to harmless error review. See United States v.
Magluta, 418 F.3d 1166, 1179-80 (11th Cir. 2005) (hearsay); United States v.
Jones, 601 F.3d 1247, 1264 (11th Cir. 2010) (Confrontation Clause) (quoting
Delaware v. Van Arsdall, 475 U.S. 673, 684, 106 S. Ct. 1431, 1438 (1986)).
Hearsay errors are harmless “if, viewing the proceedings in their entirety, a
court determines that the error did not affect the verdict, or had but very slight
effect.” Magluta, 418 F.3d at 1180 (quotation marks omitted). “For violations of
the Confrontation Clause, harmless error occurs where it is clear beyond a
reasonable doubt that the error complained of did not contribute to the verdict
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obtained.” United States v. Caraballo, 595 F.3d 1214, 1229 (11th Cir. 2010)
(quotation marks omitted).
In this case, even if the admission of the cable was error, it was harmless
under both standards. The evidence that Carter challenges was merely collateral to
the offenses with which Carter was charged. Indeed, the government introduced
the evidence for the purpose of impeaching Carter’s testimony, not for the purpose
of establishing that he engaged in the conduct referenced on the State Department
cable. Furthermore, the evidence of Carter’s guilt on all six counts was
overwhelming. Accordingly, we readily conclude that any error regarding the
admission of the State Department cable was harmless and is not grounds for
reversal.
E. Limitation on the Cross-Examination of Witness G.S.
Carter contends that the district court erred in prohibiting defense counsel
from questioning a government’s witness, G.S., about prior statements that were
allegedly inconsistent with his trial testimony. Carter argues that the district court
erred by prohibiting Carter “from exploring the essence of the case and the
witness’ credibility regarding that [sic] Carter had not engaged in sexual
misconduct.”21
21
We review a district court’s decision to limit the scope of cross-examination for “clear
abuse of discretion.” United States v. Pacchioli, 718 F.3d 1294, 1303 (11th Cir.), cert. denied,
134 S. Ct. 804 (2013).
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A district court has wide latitude to control the cross-examination of
witnesses, subject to the guarantee of the Confrontation Clause. United States v.
Maxwell, 579 F.3d 1282, 1295 (11th Cir. 2009). The Confrontation Clause
guarantees a criminal defendant the right to impeach adverse witnesses through
cross-examination. United States v. Barrington, 648 F.3d 1178, 1187-88 (11th Cir.
2011). “A defendant’s confrontation rights are satisfied when the cross-
examination permitted exposes the jury to facts sufficient to evaluate the credibility
of the witness and enables defense counsel to establish a record from which he
properly can argue why the witness is less than reliable.” United States v.
Baptista-Rodriguez, 17 F.3d 1354, 1371 (11th Cir. 1994). However, “a witness
may not be impeached with a third party’s characterization or interpretation of a
prior oral statement unless the witness has subscribed to or otherwise adopted the
statement as his own.” United States v. Saget, 991 F.2d 702, 710 (11th Cir. 1993).
In this case, Carter’s defense counsel sought to cross-examine witness G.S.
regarding statements he allegedly made to law enforcement officers in his first
meeting with them. Specifically, defense counsel referred to the notes from a May
22, 2011 law-enforcement interview with G.S., and proffered that he sought to
impeach G.S. based on G.S.’s alleged statement in that interview that Carter “never
did anything to me because he never did anything to me.” The district court
sustained the government’s objections to defense counsel’s questions on the
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ground that counsel was attempting to impeach the witness with notes from a law
enforcement officer that did not constitute a statement of the witness.
Even if the witness’s alleged prior statement to officers constituted a proper
basis for impeachment, Carter’s argument would nonetheless fail. Assuming that
the district court limited the cross-examination in error, it did not infringe Carter’s
Sixth Amendment right to cross-examination because defense counsel nonetheless
elicited ample evidence to enable the jury to assess G.S.’s credibility. After
abandoning the line of questioning regarding the May 22, 2011 interview with law
enforcement, defense counsel moved on to other prior statements that were
allegedly inconsistent. During this line of questioning, defense counsel continued
asking G.S. about his statements to law enforcement, and the district court
overruled multiple government objections, on hearsay grounds, to Carter’s
attempts to impeach G.S. Importantly, too, G.S. admitted that, during a November
30, 2011 interview, he denied participating in sexual activity with Carter, even
though he testified at trial that he had been forced to masturbate Carter.
Ultimately then, through cross-examination, the defendant was able to make
clear to the jury that when questioned previously on this subject matter, witness
G.S. had never indicated sexual molestation until two days before the trial. So,
even if some of the district court’s rulings sustaining governmental objections may
have been erroneous, any errors were mitigated by later cross-examination that
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elicited this information before the jury. Accordingly, Carter’s Confrontation
Clause rights were not infringed because the district court permitted impeachment
of G.S. that was “sufficient to evaluate the credibility of the witness and enable[d]
defense counsel to establish a record from which he properly can argue why” G.S.
was “less than reliable.” See Baptista-Rodriguez, 17 F.3d at 1371.
F. Carter’s Motion for Mistrial
Carter also contends that the district court “erred in denying Carter’s motion
for mistrial” when a witness “testified that Carter committed sexual abuse in
Jamaica.” Carter’s argument on this point is only two sentences long:
Carter moved for mistrial when [witness J.D.J.] stated
Carter committed sexual abuse in Jamaica when such
notice was not provided to the defense during discovery
and which motion was denied by the District Court. As
stated above, this matter concerns credibility findings
between the government’s witnesses who alleged sexual
abuse and Carter who denied the allegations and
therefore this error is not harmless.
(Citation omitted).
Carter cites no case law and makes no argument explaining why the district
court’s denial of his motion for a mistrial was in error. Accordingly, he has
abandoned this issue. See Denney v. City of Albany, 247 F.3d 1172, 1182 (11th
Cir. 2001) (deeming an issue abandoned where the plaintiffs made “a single
reference” in their brief to the issue, “d[id] not discuss the district court’s analysis
37
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on that issue,” and “d[id] not make any legal or factual argument” as to why the
district court’s decision was in error).
G. The Testimony of Witness I.M.
On appeal, Carter also argues that the district court erred in admitting a
witness’s testimony over Carter’s objection on hearsay grounds. The witness,
I.M., testified that Carter sexually touched and abused him in the 1970s when I.M.
was 12 years old, but that he first reported the abuse to police in 2011 after his
brother contacted him.
Once again, Carter’s argument consists of only two sentences:
The District Court overruled Carter’s hearsay
objection when [I.M.] testified his brother contacted him
first about Carter’s alleged sexual abuse. As stated
above, this matter concerns credibility findings between
the government’s witnesses who alleged sexual abuse
and Carter who denied the allegations and therefore this
error is not harmless.
(Citation omitted).
And, once again, we conclude that Carter has abandoned the issue by failing
to present any factual or legal argument challenging the district court’s
determination. See Denney, 247 F.3d at 1182.
H. Alleged Cumulative Error
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Carter’s final argument on appeal is that the “cumulative error doctrine
requires reversal of Carter’s convictions even if this court finds that each
individual error is insufficient for reversal.”
We disagree.
Carter has not established a single error, let alone the aggregation of “many
errors” that may require for a reversal where the individual errors do not. See
United States v. Baker, 432 F.3d 1189, 1223 (11th Cir. 2005). Accordingly, his
argument under the cumulative error doctrine fails.
III. CONCLUSION
For the foregoing reasons, we affirm Carter’s convictions for five counts of
traveling in foreign commerce for the purpose of engaging in illicit sexual conduct
with a minor, in violation of 18 U.S.C. § 2423(b), and one count of attempting to
travel in foreign commerce for the purpose of engaging in illicit sexual conduct
with a minor, in violation of 18 U.S.C. § 2423(e).
AFFIRMED.
39