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USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 1 of 17
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-4447
UNITED STATES OF AMERICA,
Plaintiff â Appellee,
v.
JONATHAN LYNN JENKINS, a/k/a Max,
Defendant â Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever, III, District Judge. (5:18-cr-00451-D-1)
Argued: September 19, 2023 Decided: November 26, 2024
Before DIAZ, Chief Judge, and WILKINSON and BENJAMIN, Circuit Judges.
Affirmed by unpublished opinion. Judge Benjamin wrote the opinion, in which Chief
Judge Diaz and Judge Wilkinson joined.
ARGUED: Joseph Bart Gilbert, TARLTON LAW PLLC, Raleigh, North Carolina, for
Appellant. Lucy Partain Brown, OFFICE OF THE UNITED STATES ATTORNEY,
Raleigh, North Carolina, for Appellee. ON BRIEF: Michael F. Easley, Jr., United States
Attorney, David A. Bragdon, Assistant United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 2 of 17
DEANDREA GIST BENJAMIN, Circuit Judge:
Jonathan Jenkins appeals the district courtâs denial of his motion to suppress a video
confession he claims violated Fed. R. Evid. 410 and Fed. R. Crim. P. 11(f), the denial of
his motion to exclude expert testimony about sex trafficking in violation of Fed. R. Evid.
403, and the reasonableness of his sentence. Finding no reversible error, we affirm.
I.
A federal grand jury indicted Jenkins on charges of conspiracy to commit sex
trafficking by force, fraud, and coercion and of a minor, in violation of
18 U.S.C.
§§ 1591
(a), (b)(2) and 1594(c) (Count One); sex trafficking by force, fraud, and coercion
of a minor and aiding and abetting, in violation of
18 U.S.C. §§ 1591
(a), (b), and 2 (Count
Two); sex trafficking of a minor and aiding and abetting, in violation of
18 U.S.C.
§§ 1591
(a), (b)(2), and 2 (Count Three); use of the internet to promote an unlawful business
enterprise and aiding and abetting, in violation of
18 U.S.C. §§ 1592
(a)(3) and 2 (Count
Four); and possession of a firearm by a felon, in violation of
18 U.S.C. §§ 922
(g)(1) and
924 (Count Five). Jenkinsâ nephew and codefendant, Antoine Lamar Wallace, was also
charged in Counts One through Four. The Government alleged Jenkins and Wallace sex
trafficked young women and girls. Jenkins pled not guilty. Wallace, however, pled guilty
to sex trafficking and testified at trial against Jenkins.
Prior to trial, Jenkins moved to suppress âstatementsâ he contended were protected
plea discussions under Fed. R. Evid. 410 and Fed. R. Crim. P. 11(f), but which the
Government characterized as a voluntary confession. The district court denied Jenkinsâ
2
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motion. As a result, at trial the Government introduced into evidence a two-hour videotape
where Jenkins allegedly admitted to the charged conduct.
Prior to trial, Jenkins also moved to exclude, under Fed. R. Evid. 403, 702, and 703,
the Governmentâs proposed expert witness, Dr. Sharon Cooper, a forensic and
developmental behavioral pediatrician. The court likewise denied that motion, and Dr.
Cooper testified at trial.
After a week-long trial, a jury convicted Jenkins on all counts. The district court
sentenced Jenkins to life on Counts One, Two, and Three, to be served consecutively; 60
monthsâ imprisonment on Count Four, to be served concurrently to Counts One, Two, and
Three; 120 monthsâ imprisonment on Count Five, to be served concurrently to Count Four;
and 5 years supervised release on Counts One, Two, and Three and 3 years supervised
release on Counts 4 and 5, all to run concurrently. After the district court entered an
amended judgment on August 11, 2022, Jenkins timely appealed. We have jurisdiction
under
28 U.S.C. § 1291
and
18 U.S.C. § 3742
(a).
II.
Jenkins contends that admission of the videotape violated Fed. R. Evid. 410 and
Fed. R. Crim. P. 11(f) and denied him a fair trial. Assuming without finding the district
court erred in admitting the videotape, the error was harmless. The evidence the
Government put forth to establish Jenkinsâ guilt was extensive and compelling. We repeat
much, though not all, of it here. The following is based on testimony from Jenkinsâ victims,
Wallace, and law enforcement.
3
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 4 of 17
A.
Wallace began pimping in the fall of 2014. Wallace was inexperienced, however,
and enlisted Jenkinsâfresh out of jail for second degree murderâfor help. The sex
trafficking conspiracy involved five main prostitutes/victims, though others came and
went. Two were 17 years old. 1 The operation lasted almost a year.
Jenkins initiated victims into his sex trafficking conspiracy with a âtest.â This
meant forced sex with him and his nephew. Working hours were â[a]ll day, every day.â
E.g., J.A. 345, 369, 561. If a victim was menstruating, Jenkins had her âstick a makeup
sponge up thereâ and keep working. J.A. 345. Jenkins set the rules and prices for âdates,â
served as âsecurity,â and took all money for himself and his nephew. J.A. 344â45, 672.
Jenkins required his victims âto be the perfect bitch.â J.A. 370. This meant calling
Wallace âDaddy,â cleaning his house, and taking care of his children. J.A. 369â70, 761.
It also meant, when in public, walking only at Wallaceâs sides and opening all doors before
he could touch them. The punishment for disobedience was being choked out, punched in
the chest, âor whatever type of punishment they felt was feasible at the moment.â J.A. 370.
Jenkins marketed the victims on Backpage, a classifieds website used mainly for
finding prostitutes. Though sometimes the victims assisted him, Jenkins wrote and posted
the ads himself.
1
J.R. (nickname âJazzyâ) and B.H. (nickname âPrincessâ) were seventeen years
old. The jury did not find, however, that Jenkins acted âknowing or in reckless disregard
of the fact . . . that [Princess] had not attained the age of 18.â Appellee Br. at 12.
4
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 5 of 17
Prostitution took place at a several locations, including hotels and, later, an
unfurnished duplex Jenkins and Wallace rented. Victims initially slept on the floor.
Jenkins and Wallace later bought them air mattresses to see clients and sleep on. Jenkins
also lived with the victims and had sex with them when he felt like it.
Jenkins blew hot and cold to control his victims. 2 Upon joining, Jenkins treated his
victims with care, or even romantically, buying clothes or telling them they were pretty.
But he also physically controlled them. Jenkins dictated the sex acts the victims offered.
This included anal sex, which he taught and tried out with them first. The victims also had
to ask Jenkins for food, transportation, and hygiene items, including condoms. Wallace,
for his part, made victim B.H. tattoo herself with his initials in an infinity symbol.
As the âsecurityâ or âenforcerâ of the group, Jenkins hit, punched, choked, or
threatened the victims. For example, B.H. saw Jenkins choke out victim J.R. âuntil her
eyes rolled to the back of her head.â J.A. 404. Victim M.J. heard Jenkins âbeat [victim
A.H.] and water board[] [her] babyâ while A.H. screamed âget off meâ and her baby cried.
When A.H. returned, her face was swollen, bruised, and teary. Her son was red-faced and
crying. J.A. 495â96. Likewise, after A.H. called Wallace by name instead of âDaddy,â
Jenkins âwith a backhand, with a fist[,] struck her in the face . . . and then just kept striking
her in the shoulder and the chest areaâ as A.H. screamed and Wallaceâs son looked on.
J.A. 729.
2
This practice of luring victims with romance and alternating affection and violence
is common and well-documented. See Michael J. Frank & G. Zachary Terwilliger, Gang-
Controlled Sex Trafficking, 3 VA. J. CRIM. L. 342, 376-382 (2015).
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USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 6 of 17
Jenkins made it known he carried a gun. J.A. 388. Jenkins and Wallace also had
gang ties and made sure the victims knew it. The victims knew that if they âever leftâ
Wallace, he would âtry to get [them] found.â J.A. 573â74, 706.
Jenkins claimed spiritual powers over his victims. He professed to the victims that
they were his servants, and he and Wallace gods. Jenkins performed ritual sex acts on his
victims and claimed he could read their thoughts. Jenkins blamed a spirit that inhabited
him, âObed,â for the violence he inflicted on the victims. J.A. 398, 770. Once, Jenkins
choked B.H. and J.R. to the point of unconsciousness. Regarding J.R., he choked her with
such force that her feet left the ground. J.A. 408â09, 605â06. Jenkins then made a âcircle
around [B.H. and J.R.], talking in his real crazy language,â before telling the girls that if
either stepped outside the circle, she would die. J.A. 409, 606, 773.
The Government also introduced a voluminous amount of text messages Jenkins
sent to his victims and nephew. B.H. testified about texts relating to arranging dates. J.A.
354â55. In one message, Jenkins stated that B.H. should tell her client that if he âFs up
my S,â Jenkins would âslit his throat.â J.A. 356. In other messages, Jenkins directed B.H.
to post ads on Backpage advertising âblow job[s].â J.A. 356â57. B.H. also testified about
specific text messages where Jenkins and âObedâ threatened her for actions Jenkins felt
were out of line with âthe universeâ Jenkins conceived himself god of. J.A. 393.
J.R. testified to texts with Jenkins about being required to work non-stop and taking
prostitution calls âat 2:00 oâclock in the morning.â J.A. 559â60. J.R. also testified to text
messages where Jenkins called her â[m]y beautiful wifeâ and her belief that Jenkins would
marry her one day. J.A. 564.
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USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 7 of 17
R.H. testified that even after leaving the prostitution ring, Jenkins texted her.
Jenkins believed R.H. was âstealingâ clients and Jenkins implied he was going to visit her
auntâs house âto come find [R.H.].â J.A. 681â82. When R.H told him not to âgo to my
peopleâs house,â Jenkins responded that he âwas under the impression that you wanted to
see us, seeing that you reached out to our clientele. But Iâm more than willing to put petty
difference to the side if you remove the lies ASAP.â J.A. 682. R.H. testified this message
scared her and that this was when Jenkins posted âa picture of me giving oral sex on my
Facebook.â J.A. 682â83. Further, after R.H. denied taking clients and told Jenkins to
âplease not call my phone anymore,â he responded â[w]e have no problem coming
wherever you are.â J.A. 693.
Wallace also testified about his text messages with Jenkins. Wallace confirmed he
and Jenkins communicated via text message âduring the time that [they] worked togetherâ
and that Exhibits 56A through 56Iâwhich were entered into evidenceâwere the messages
in question. J.A. 739â40. Some of Wallace and Jenkinsâ texts document prostitution dates
while others comment on certain victimsâ physical appearances. Others discuss Jenkinsâ
threats to victims who attempted to leave the group or Jenkinsâ requirements that the
victims âclean [Wallaceâs] house.â J.A. 752, 759. The Government showed Wallace one
of Jenkinsâ texts where he stated that â[t]heir job is to lay there and take it,â to which
Wallace testified that Jenkins believed the victims âhad to do what he asked of them
sexually.â J.A. 761.
Over time, and under harrowing circumstances, each victim except J.R. left the
group. Leaving, however, did not mean being âout.â For example, as noted above, after
7
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 8 of 17
R.H. left, Jenkins sent her âthreat[ening]â text messages and publicly posted a picture of
her performing oral sex on her social media. J.A. 683â84, 754. And after B.H. escaped
with the help of her most loyal client, Jenkins went to the clientâs home and shot at him.
In mid-January 2016, local law enforcement arrested Jenkins and his nephew and
searched the duplex. Among other things, law enforcement found a shotgun Jenkins had
brought into the house that morning, a âprivate dance pole kit,â the book Pimpology, A.H.âs
family photo and ultrasound image, a shopping list of menstrual products, and paperwork
in Jenkinsâ name. Jenkins was charged with state crimes, and later the federal crimes here.
B.
âWhen reviewing the denial of a motion to suppress, [the Court] review[s] the
factual findings for clear error and the district court's legal determinations de novo.â United
States v. Elsheikh,
103 F.4th 1006
, 1013 (4th Cir. 2024) (quoting United States v. Khweis,
971 F.3d 453
, 459 (4th Cir. 2020)). A district courtâs admission of evidence is reviewed
for abuse of discretion.
Id.
Both Fed. R. Crim. P. 11 and Fed. R. Evid. 410 bar admission of âa statement made
during plea discussions with an attorney for the prosecuting authority if the discussions did
not result in a guilty plea or they resulted in a later-withdrawn guilty plea.â Fed. R. Evid.
410(a)(4); Fed. R. Crim. P. 11(f); (incorporating by reference Fed. R. Crim. P. 410).
âBecause Rule 410 is an exception to the general principle that all relevant evidence is
admissible at trial, âits limitations are to be construed narrowly.â â United States v. Stevens,
455 F. App'x 343, 345
(4th Cir. 2011) (No. 11-4019) (citing United States v. Roberts, 660
8
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 9 of
17
F.3d 149
, 157â58 (2d Cir. 2011)). To make its assessment, courts assess whether âthe
defendant exhibits a subjective belief that he is negotiating a plea, and that belief is
reasonable under the circumstances.â United States v. Cowan,
96 F.3d 1439
(4th Cir. 1996)
(table); United States v. Robertson,
582 F.3d 1356, 1366
(5th Cir. 1978) (en banc).
Statements voluntarily made âafter a plea agreement has been reached cannot be
considered statements made âin the course of plea discussionsâ within the meaning of the
exclusionary rule[].â E.g., United States v. Hare,
49 F.3d 447, 450
(8th Cir. 1995).
Here, after his initial appearance, Jenkins asked to speak to the assistant district
attorney without his lawyer. The assistant district attorney obliged and, along with a local
detective, met Jenkins and filmed the encounter. In Jenkinsâ view, these discussions were
inadmissible under Rule 410 because they were negotiations that never resulted in a plea
bargainâthis despite the fact Jenkins appears to have first waived his rights under the
Fourth and Sixth Amendments and later made incriminating statements. Jenkins contends
admission of the videotape was prejudicial because the Government mentioned it at trial
and played audio clips from it in its closing arguments. Jenkins asserts the videotapeâs
admission substantially swayed the jury and that he is entitled to a new trial. The
Government disagrees and contends Jenkins reached a plea bargain with the assistant
district attorney, rendering the videotapeâs admission proper.
We need not decide whether the above discussions bore a plea bargain or stalled at
negotiation. Assuming without finding Rule 410 was violated, any error admitting the
videotape was harmless.
9
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 10 of 17
âTo prove a nonconstitutional error harmless, . . . âthe Government must
demonstrate that the error did not have a âsubstantial and injurious effect or influence in
determining the jury's verdict.â â United States v. Ibisevic,
675 F.3d 342
, 349â50 (4th Cir.
2012) (quoting United States v. Curbelo,
343 F.3d 273, 278
(4th Cir.2003)). An appellate
court does not inquire into whether absent the error âsufficient evidence existed to convict,â
but whether âwe believe it âhighly probable that the error did not affect the judgment.â â
United States v. Madden,
38 F.3d 747, 753
(4th Cir. 1994) (quoting R. Traynor, The Riddle
of Harmless Error 34â35 (1976)). Thus, we must be able to âsay, with fair assurance, after
pondering all that happened without stripping the erroneous action from the whole, that the
judgment was not substantially swayed by the error.â United States v. Byers,
649 F.3d 197,
211
(4th Cir. 2011) (quoting Kotteakos v. United States,
328 U.S. 750, 765
(1946)). We
have identified three factors in making this determination: â(1) the centrality of the issue
affected by the error; (2) the steps taken to mitigate the effects of the error; and (3) the
closeness of the case.â United States v. Ince,
21 F.3d 576, 583
(4th Cir. 1994).
Factors 1 and 2 favor Jenkins. The videotape concerned Jenkinsâ guilt and the
charged conduct. And because the district court admitted the videotape, it did not
âmitigateâ any error. See United States v. Nyman,
649 F.2d 208, 212
(4th Cir. 1980) (noting
âno steps were taken to mitigate an error whose existence was not recognizedâ). But the
âsingle most important factor in a nonconstitutional harmless-error inquiry,â the closeness
of the case, does not favor Jenkins. See Ibisevic,
675 F.3d at 353
(quoting Ince,
21 F.3d at
584
). In fact, this last factor sinks his case.
10
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 11 of 17
Given the evidence admitted at trial, only some of which we have described above,
we can say with fair assurance, and without stripping the erroneous action from the whole,
that the juryâs verdict was not substantially swayed by the error. See id. at 350. The
evidence at trial was one-sided. Law enforcement, Jenkinsâ victims, and his coconspirator
and nephew Wallace testified against him. The evidence established the sex trafficking
conspiracy Jenkins ran with Wallace, Jenkinsâ possession of a firearm, and the violence he
inflicted on his victims. Jenkinsâ response was weak. Jenkins called an investigator and a
few law enforcement witnesses who, he argues, showed certain victims gave prior
inconsistent statements. The jury saw the videotape only after the victims gave their
testimony and Wallace had taken the stand. In context, admission of the videotape was
cumulative, and we do not believe the jury was substantially swayed by it. Cf. United
States v. Williams¸
61 F. Appâx 847, 849
(4th Cir. 2003) (No. 02-4432(L)) (holding that
because codefendant âclearly implicatedâ appellant in charged conduct, any error in
admitting appellantâs involuntary statements was harmless); United States v. Patterson,
150 F.3d 382, 386
(4th Cir. 1998) (noting âthe testimony of a co-defendant standing alone
and uncorroborated is sufficient to sustain a convictionâ).
Accordingly, we affirm the district courtâs denial of the motion to suppress.
III.
Next, we turn to Jenkinsâ claim that the district court abused its discretion by
admitting Dr. Cooperâs testimony, which Jenkins argues went beyond the facts of his case.
âWe review a district courtâs decision to qualify an expert witness, as well as the admission
11
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 12 of 17
of such testimony, for abuse of discretion.â United States v. Garcia,
752 F.3d 382, 390
(4th Cir. 2014). âA court abuses its discretion if its decision is guided by erroneous legal
principles or rests upon a clearly erroneous factual finding.â
Id.
(internal quotation marks
omitted).
Under Fed. R. Evid. 702:
A witness who is qualified as an expert by knowledge, skill, experience,
training, or education may testify in the form of an opinion or otherwise if:
(a) the expert's scientific, technical, or other specialized knowledge will help
the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of
the case.
A district court must ensure âthat an expert's testimony both rests on a reliable
foundation and is relevant to the task at hand.â Belville v. Ford Motor Co.,
919 F.3d 224,
232
(4th Cir. 2019) (quoting Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579,
597
(1993)) (internal quotation marks omitted). â[A]n expertâs testimony is relevant if it
has a valid scientific connection to the pertinent inquiry,â and it is reliable if it is âbased on
scientific, technical, or other specialized knowledge and not on belief or speculation, and
inferences must be derived using scientific or other valid methods.â
Id.
(cleaned up).
âWe apply a âhighly deferentialâ standard of review . . . and a trial courtâs âdecision
to admit evidence over a Rule 403 objection will not be overturned except under the most
extraordinary circumstances, where that discretion has been plainly abused.â â United
States v. Hassan,
742 F.3d 104, 132
(4th Cir. 2014) (quoting United States v. Udeozor,
515
F.3d 260, 265
(4th Cir. 2008)). âWe have emphasized that relevant evidence should only
12
USCA4 Appeal: 21-4447 Doc: 79 Filed: 11/26/2024 Pg: 13 of 17
be excluded under Rule 403 âwhen there is a genuine risk that the emotions of a jury will
be excited to irrational behavior, and this risk is disproportionate to the probative value of
the offered evidence.â â
Id.
(quoting United States v. Siegel,
536 F.3d 306, 319
(4th Cir.
2008)).
We reject Jenkinsâ challenge that Dr. Cooperâs testimony violated Rule 403. The
district court properly allowed Dr. Cooper to testify broadly about the âtypical human
trafficking experiences of its victims and the common behaviors of traffickers.â United
States v. Warren,
774 F. Appâx 778
, 782 (4th Cir. 2019) (No. 18-4562). Prior to testifying,
the Government had called Jenkinsâ victims, who spoke about how they were recruited,
their relationships with Jenkins and Wallace, Jenkinsâ and Wallaceâs requirements, and the
violence encountered while in the group. Much of Dr. Cooperâs testimony related directly
to this evidence and gave it context, which was important because the culture and dynamics
of sex trafficking are ânot the subject of common knowledge.â United States v. Taylor,
239 F.3d 994, 998
(9th Cir. 2001). For these reasons, we have previously permitted
âbroad[]â expert testimony about the âtypical human trafficking experiences of its victims
and the common behaviors of traffickersâ to âgive context to the victimâs testimony.â
Warren, 774 F. Appâx at 782. Such testimony âaid[s] the jury in better understanding some
of the concepts and events described by the victim and in assessing the victimâs
credibility.â Id. Without it, âthe jury would have no way of determining whether the
victimâs experiences were common, unique, or implausible.â Id.
Other circuits have held the same and affirmed the use of experts, including Dr.
Cooper. See, e.g., United States v. Marshall,
946 F.3d 591
, 596â97 (D.C. Cir. 2020)
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(noting Dr. Cooperâs extraordinary qualifications and holding that counsel was not
ineffective by only partially challenging her testimony); United States v. Carson,
870 F.3d
584
, 590â91 (7th Cir. 2017) (describing how Dr. Cooper helped the jury understand sex
trafficking). Just last year, we affirmed the district courtâs decision to permit Dr. Cooperâs
testimony in a sex trafficking case, noting âthe weight of authority supports [this] positionâ
and citing many cases âin which courts have upheld the admission of expert testimony on
the culture of sex trafficking and the psychology behind it.â United States v. Jennings,
860
F. Appâx 287
, 288â89 (4th Cir. 2021) (No. 20-4432) (collecting cases).
At bottom, the district court carefully balanced the probative value of Dr. Cooperâs
testimony against the potential for unfair prejudice and correctly found that the challenged
testimony was relevant and admissible, and that the probative value of the testimony was
not substantially outweighed by unfair prejudice. Therefore, we affirm admission of Dr.
Cooperâs testimony.
IV.
Finally, Jenkins contends his sentence is unreasonable.
We review a defendant's sentence âunder a deferential abuse-of-discretion
standard.â Gall v. United States,
552 U.S. 38, 41
(2007). Under the Gall standard, a
sentence is reviewed for both procedural and substantive reasonableness.
Id. at 51
. In
determining procedural reasonableness, we consider whether the district court properly
calculated the defendantâs advisory Sentencing Guidelines range, let the parties argue for
an appropriate sentence, considered the
18 U.S.C. § 3553
(a) factors, and sufficiently
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explained the selected sentence.
Id.
at 49â51. If a sentence is free of âsignificant
procedural error,â then we review it for substantive reasonableness, âtak[ing] into account
the totality of the circumstances.â
Id. at 51
. We apply âa presumption of reasonableness
to a sentence within or below a properly calculated [G]uidelines range.â United States v.
Vinson,
852 F.3d 333, 357
(4th Cir. 2017) (internal quotation marks omitted). This
âpresumption can only be rebutted by showing that the sentence is unreasonable when
measured against the
18 U.S.C. § 3553
(a) factors.â
Id.
at 357â58 (internal quotation marks
omitted).
Jenkins contends his sentence is procedurally unreasonable because the district
courtâs explanation for it is inadequate. Jenkins argues the district court (1) did not explain
how the § 3553(a) factors shaped its sentencing decision; (2) did not articulate why Jenkins
was immune to other means of deterrence; and (3) did not engage counsel about the merits
of Jenkinsâ arguments. Jenkins contends his sentence is substantively unreasonable
because of his age at sentencing (48 years old), his efforts to rehabilitate himself through
education, and the disparity between his life sentences and Wallaceâs 156-month sentence.
Before the district court, Jenkins argued that he had been abused as a child, that
despite this abuse he had graduated high school, went to college, and briefly played
professional football. Jenkins then mentioned that after getting out of prison for second-
degree murder, he took a few community college classes about electrical work. Jenkins
concluded that given the above, a sentence below the bottom of the Guidelines range was
appropriate. When pressed âWhy?â, Jenkinsâ counsel reiterated, âAgain, abuse in the
home growing up; an attempt to better himself through education and schooling to get out
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of that impoverished, abusive upbringing. . . . Those are the ultimate points we make for a
sentence below 210 months.â J.A. 1386.
We reject Jenkinsâ argument that his sentence was procedurally unreasonable.
Jenkinsâ arguments at sentencing were cursory. Even so, the district court considered them
and rejected the contention Jenkins was entitled to a downward variance for â[attending
college and playing football] when you were in your twentiesâ when â[a]ll of the events
that Iâm here to sentence you for today took place after you had served a serious sentence
in state prison.â J.A. 1397â98. In context, nothing more than this brief explanation was
required. See United States v. Blue,
877 F.3d 513, 518
(4th Cir. 2017). Jenkinsâ contention
that the district court did not address the § 3553(a) factors is equally spuriousâthe
sentencing hearing transcript shows the opposite.
Last, we find that Jenkinsâ sentence was substantively reasonable. Jenkins total
earned offense level was 51. Because 43 is the maximum level a defendant can score,
Jenkinsâ level was adjusted down to 43, still resulting in a guidelines range of life. As
noted before, the district court addressed the § 3553(a) factors on the record to justify its
sentence, emphasizing the offense conduct and Jenkinsâ history and characteristics.
Jenkinsâ sentence, which was within his guidelinesâ range, was not substantively
unreasonable. See Vinson,
852 F.3d at 357
.
Put simply, the offense conduct here was abhorrent. Jenkins sold girlsâ and young
womenâs bodies for personal gain and physically abused them in the process. Jenkinsâ
contention that there is an unwarranted disparity between his sentence and Wallaceâs is
baffling. Where Wallace had no prior felony convictions, Jenkins had recently been
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released from serving a sentence for murder. And unlike Jenkins, Wallace pled guilty,
accepted responsibility, and cooperated with the Government, testifying against Jenkins.
The contrast between Jenkinsâ and Wallaceâs sentence is not arbitrary. So, we affirm
Jenkinsâ sentence.
V.
The Governmentâs evidence against Jenkins at trial was overwhelming and one-
sided. The sentence the district court imposed on Jenkins was severe, but well-earned. The
jury conviction and judgment of the district court is
AFFIRMED.
17Case Information
- Court
- 4th Cir.
- Decision Date
- November 26, 2024
- Status
- Precedential