Case Law Database

Trafficking in persons

United States v Robinson

Fact Summary

Defendants ran a multi-state, truck stop, prostitution ring that exploited women and girls.  Defendants set prices and wired money among themselves while running a ring that operated at truck stops in Pennsylvania, Ohio, Michigan, Indiana, Illinois, Arkansas, Virginia, Georgia, Maryland, Tennessee, the District of Columbia, California, Florida, Nevada, Texas, and Louisiana. The Defendants lured girls with promises of love and wealth, and then trapped them and forced them to become prostitutes.  One defendant bragged that he had fractured his hand while beating a woman working for him as a prostitute for not making enough money; another defendant broke the nose of a woman working for him.

Commentary and Significant Features

The US Department of Justice called this one of the “largest coordinated enforcement actions ever taken against child prostitution rings in the United States.” (http://www.justice.gov/opa/pr/2005/December/05_crm_677.html) During investigation, the Government applied for and was granted authorization to intercept wire communications through cell phones of about 19 individuals under Title III of the Omnibus Crime Control and Safe Streets Act of 1986 (18 USC 2510-2522). During pre-trial motions, the defendants moved to suppress this evidence, arguing that the government did not meet the legal requirements: that the wiretapping was necessary to the investigate the activity in the indictment. Defendants argued that the wiretap evidence was unnecessary because by the time the government obtained that evidence, it already had enough for probable cause. The Government prevailed after the court found the wiretapping was necessary to dismantle the interstate prostitution and money-laundering conspiracy.

Author:
Human Trafficking Database of the University of Michigan Law School

Keywords

Acts:
Recruitment
Harbouring
Means:
Threat or use of force or other forms of coercion
Abuse of power or a position of vulnerability
Giving or receiving payments or benefits to achieve the consent of a person having control over another person
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Sector in which exploitation takes place:
Commercial sexual exploitation

Cross-Cutting Issues

Gender Equality Considerations

Details

• Female principal offender

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal

1st Instance:

Court: United States District Court for the Middle District of Pennsylvania

Location: Pennsylvania  Date of decision: 8 June 2007

Reference: United States v. Franklin Robinson, et al., 513 F. Supp. 2d 169 (2007)

Outcome: the court denied the defendants’ motion to suppress wiretapping evidence (see comments and significant features below) and the defendants plead guilty.

2nd Instance:

Court: United States Court of Appeals for the Third Circuit

Date of decision: 8 July 2011

Reference:  United States v. Robinson, 436 Fed. Appx. 82 (3rd Cir. 2011)

Outcome: The court upheld the sentence enhancements, despite Robinson’s appeal.

3rd Instance:

Court: Supreme Court of the United States

Date of decision: 28 November 2011

Reference: Robinson v. United States, 32 S. Ct. 791 (2011) (cert petition denied)

Outcome: Robinson’s writ of certiorari seeking review of the Third Circuit decision was denied.

 
 

Defendants / Respondents in the first instance

Defendant:
Franklin Robinson
Gender:
Male
Age:
36
Legal Reasoning:

Defendant Franklin Robinson was charged with crimes related to prostitution of adults and minors and money laundering. He plead guilty to the charges and then appealed his sentence.

Defendant:
Robert Scott
Gender:
Male
Age:
42
Legal Reasoning:

F. Robert Scott, Sr., pled guilty to conspiracy charges. The court’s consideration of his pre-trial motion seeking to dismiss charges against him under the Fifth Amendment’s Double Jeopardy Clause of the U.S. Constitution is worth noting: Scott noted that on December 6, 2003, he was arrested in Lucas County, Ohio, and charged with kidnapping, unlawful sexual contact with a minor, and promoting prostitution. On April 12, 2004, he pleaded guilty to promoting prostitution and was sentenced to six months imprisonment. Because the allegations contained in the superseding indictment for this case were similar to those charged under state law in Ohio in 2003, Scott argued the federal government could not charge him again for the “same crime”. The Court denied this argument, noting that the dual-sovereignty doctrine allows the federal government to prosecute a defendant for violation of federal law, even if, like this case, the same defendant has been prosecuted for the same criminal acts under state law. United States v. Robinson, 2007 U.S. Dist. LEXIS 17629, 20-22 (M.D. Pa. 2007).
The District Court also noted that the Court of Appeals for the Third Circuit has questioned and criticized the dual-sovereignty doctrine, but stressed that the Supreme Court has not overturned the rule.

Defendant:
Derek Maes
Gender:
Male
Age:
42
Defendant:
Terrance Williams
Gender:
Male
Age:
41
Defendant:
D.P.
Gender:
Male
Age:
25
Defendant:
Dawan Oliver
Gender:
Male
Age:
23
Defendant:
Shimon Maxwell
Gender:
Male
Age:
31
Defendant:
Eric Pennington
Gender:
Male
Age:
43
Defendant:
Eric Hayes
Gender:
Male
Age:
34
Defendant:
Kory Barham
Gender:
Male
Age:
27
Defendant:
Robert Scott, Sr. aka Big Rob
Gender:
Male
Defendant:
Robert Scott II aka Lil Rob
Gender:
Male
Age:
22
Defendant:
David Powers
Gender:
Male
Age:
36
Defendant:
Melissa Jacobs
Gender:
Female
Age:
23
Defendant:
Tana Adkins
Gender:
Male
Age:
27
Defendant:
Kenneth Britton
Gender:
Male
Age:
40
Defendant:
Atlas Aquarius Simpson
Gender:
Male

Charges / Claims / Decisions

Defendant:
Franklin Robinson
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy to Engage in Interstate Transportation with Intent to Conduct Prostitution
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2422(a), 2421

Charge details:
: Coercing and Enticing Individuals to Travel in Interstate Commerce to Engage in Prostitution
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)

Charge details:
Interstate Travel with Intent to Distribute Proceeds of Prostitution
Verdict:
Guilty
Term of Imprisonment:
25 years
(statutory maximum sentence) plus supervised release for life
Fine / Payment to State:
Yes  1500  USD  (Up to 10,000 USD) and special assessments of $100 for each count
Appellate Decision:
Upheld

Robinson appealed, challenging his sentence on the grounds that the District Court did not make sufficient findings of fact to support the offense level calculated using the U.S. Sentencing Guidelines Manual § 2G1.3 (2007), with cross-reference to section 2A3.1 Robinson’s arguments were: Brutal acts against prostituted victims should be separated from intent to prostitute them The record did not support the Vulnerable Victim enhancements (sections 3A1.1(b)(1) and (b)(2)). Obstruction of justice enhancement was not supported by evidence. Leader/organizer enhancement was not supported by the evidence. The Third Circuit noted and summarized all the evidence that supported the sentence enhancements Robinson challenged  (Robinson and other conspirators engaged in coercive and physically violent conduct to make their victims fearful and thus cooperative in prostitution, the victims were young girls one of whom was a minor with a cognitive impairment, many were homeless or otherwise troubled, Robinson was part of a plan to prevent a victim from testifying against a co-conspirator and pimp, and there is evidence Robinson coached at least one other co-conspirator/pimp in the operation). Given the record that adequately supported every challenged sentence enhancement, the Circuit Court upheld the decision of the District Court.

Defendant:
Robert Scott
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy to Defraud the United States
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1591

Charge details:
Sex Trafficking of Children (Aiding and Abetting)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 1592(a)(3) and 2

Charge details:
Transporting in Aid of Racketeering Enterprises (Aiding and Abetting)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2253

Charge details:
Criminal Forfeiture in Violation of Exploitation of Minors
Verdict:
Withdrawn
Term of Imprisonment:
22 years 10 Months
plus three years supervised release to be served concurrently
Fine / Payment to State:
Yes  1000  USD  (Up to 10,000 USD) special assessment of $100 on each count; $1000 fine on each count
Defendant:
Derek Maes
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1591 and 2

Charge details:
Sex Trafficking of Children
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2423(a) and 2

Charge details:
Coercion or Enticement of a Minor Female (Aid and Abet)
Verdict:
Withdrawn
Term of Imprisonment:
12 years
Defendant:
Terrance Williams
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1591

Charge details:
Sex Trafficking of Children
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2424(a) and 2

Charge details:
Coercion or Enticement of Minor Female (Aid and Abet)
Verdict:
Guilty
Term of Imprisonment:
60 years
plus supervised release for life
Fine / Payment to State:
Yes  600  USD  (Up to 10,000 USD) $100 special assessment and $500 fine on each count
Defendant:
D.P.
Legislation / Statute / Code:

18 USC 1952(a)(3) and (2)

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2423(a) and 2

Charge details:
Coercion of Enticement of Minor Female (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 1591 and 2

Charge details:
Sex Trafficking of Children (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 1956

Charge details:
Money Laundering
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2253

Charge details:
Criminal Forfeiture in Violation of Exploitation of Minors
Verdict:
Withdrawn
Defendant:
Dawan Oliver
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2423(a) and 2

Charge details:
Coercion of Enticement of Minor Female (Aid and Abet)
Verdict:
Withdrawn
Term of Imprisonment:
9 years
Fine / Payment to State:
Yes  1100  USD  (Up to 10,000 USD) $1000 fine plus $100 special assessment on each count
Defendant:
Shimon Maxwell
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2423(a) and 2

Charge details:
Coercion of Enticement of Minor Female (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 1591 and 2

Charge details:
Sex Trafficking of Children (Aid and Abet)
Legislation / Statute / Code:

18 USC 2253

Charge details:
Criminal Forfeiture in Violation of Exploitation of Minors
Verdict:
Withdrawn
Term of Imprisonment:
8 years
plus 5 years supervised release
Fine / Payment to State:
Yes  1100  USD  (Up to 10,000 USD) $100 special assessment and $1000 fine
Defendant:
Eric Pennington
Legislation / Statute / Code:

18 USC 4

Charge details:
Misprision of Felony
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Withdrawn
time served
Fine / Payment to State:
Yes  100  USD  (Up to 10,000 USD) special assessment
Defendant:
Eric Hayes
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2421 and 2

Charge details:
Transportation for Illegal Activity and Related Crimes (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2421

Charge details:
Transporting for Prostitution
Verdict:
Withdrawn
Term of Imprisonment:
9 years
Fine / Payment to State:
Yes  200  USD  (Up to 10,000 USD) $100 special assessment on each count, $100 fine on count 1
Defendant:
Kory Barham
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2421

Charge details:
Transporting for Prostitution
Verdict:
Withdrawn
Term of Imprisonment:
9 years
Fine / Payment to State:
Yes  200  USD  (Up to 10,000 USD) $100 special assessment on each count, $100 fine on count 1
Defendant:
Robert Scott, Sr. aka Big Rob
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering - Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 1591 and 2

Charge details:
Sex Trafficking of Children
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2253

Charge details:
Criminal Forfeiture in Violation of Exploitation of Minors
Verdict:
Withdrawn
Term of Imprisonment:
22 years 10 Months
Three years supervised release on each count to be served concurrently
Fine / Payment to State:
Yes  1100  USD  (Up to 10,000 USD) $100 special assessment on each count, $1000 fine on each count
Defendant:
Robert Scott II aka Lil Rob
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering - Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2422 and 2

Charge details:
Coercion or Enticement of a Female (Aid and Abet)
Verdict:
Withdrawn
Term of Imprisonment:
8 years
48 months on each count served consecutively plus three years supervised release on each count served concurrently
Fine / Payment to State:
Yes  600  USD  (Up to 10,000 USD) $500 fine on each count, $100 special assessment on each count
Defendant:
David Powers
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2422(a) and 2

Charge details:
Coercion or Enticement of Female (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 2253

Charge details:
Criminal Forfeiture in Violation of Exploitation of Minors
Verdict:
Withdrawn
time served plus two years supervised release
Fine / Payment to State:
Yes  2100  USD  (Up to 10,000 USD) $100 special assessment and $2000 fine
Defendant:
Melissa Jacobs
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1591 and 2

Charge details:
Sex Trafficking of Children (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2423(a) and 2

Charge details:
Coercion or Enticement of Minor Female (Aid and Abet)
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1956(h)

Charge details:
Money Laundering
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2253

Charge details:
Forfeiture in Violation of Exploitation of Minors
Finding:

Forfeiture

time served plus 3 years supervised release
Fine / Payment to State:
Yes  1100  USD  (Up to 10,000 USD) $100 special assessment, $1000 fine
Defendant:
Tana Adkins
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 1956(h)

Charge details:
Money Laundering
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2253

Charge details:
Criminal Forfeiture in Violation of Exploitation of Minors
Finding:

Forfeiture ordered

Time served plus 2 years supervised release
Fine / Payment to State:
100  USD  (Up to 10,000 USD) special assessment
Defendant:
Kenneth Britton
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1952(a)(3) and 2

Charge details:
Racketeering – Transporting in Aid of Racketeering Enterprises (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2422(a) and 2

Charge details:
Coercion or Enticement of Female (Aid and Abet)
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 1956(h)

Charge details:
Money Laundering
Finding:

Withdrawn

Legislation / Statute / Code:

18 USC 1591

Charge details:
Sex Trafficking of Children
Verdict:
Withdrawn
Term of Imprisonment:
5 years
Defendant:
Atlas Aquarius Simpson
Legislation / Statute / Code:

18 USC 371

Charge details:
Conspiracy
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1591

Charge details:
Sex Trafficking of Children
Verdict:
Withdrawn
Legislation / Statute / Code:

18 USC 2423(a) and 2

Charge details:
Coercion or Enticement of Minor Female (Aid and Abet)
Verdict:
Withdrawn
Term of Imprisonment:
2 years 4 Months
plus 3 years supervised release
Fine / Payment to State:
Yes  800  USD  (Up to 10,000 USD) $100 special assessment, $700 fine

Court

United States District Court for the Middle District of Pennsylvania

Sources / Citations

Criminal docket No: 1:05-CR-443

United States v. Franklin Robinson, et al., 513 F. Supp. 2d 169 (2007)

United States v. Robinson, 436 Fed. Appx. 82 (3rd Cir. 2011)

News Article: http://www.toledoblade.com/Police-Fire/2005/12/17/31-accused-of-running-child-sex-ring.html