Christopher Adin Graham v. United States

When the alleged victim is an adult, a criminal defendant can only be 6 convicted of violating 18 U.S.C. § 1591(b)(1)—relating to sex trafficking if the 7 offense is accomplished using “by means of force, threats of force, fraud, or 8 coercion . . ., or by any combination of such meansf.]” The question presented for review is: 11 Whether, in prosecutions involving adult victims under 18 U.S.C. § 1591, the Government must prove to the jury beyond a reasonable doubt that the "offense was effected by means of force, fraud or coercion" before the sentencing Judge may impose the statutory mandatory minimum sentence under § 1591 (b)(1), or whether a sentencing judge may instead find that fact by ai preponderance of the evidence, consistent with the Fifth and Sixth Amendments. 17 18 19 20 21 22 23 24 25 26 27