FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. Jon D. Levy, U.S. District Judge]
D. Fried on brief for appellant Houston.
Jeffrey W. Langholtz on brief for appellant Calhoun.
Renée M. Bunker, Assistant United States Attorney, and
Thomas E. Delahanty II, United States Attorney, on brief for
Lynch, Circuit Judge, Souter, Associate Justice,
and Baldock, Circuit Judge. [**]
BALDOCK, Circuit Judge.
Alvin Houston, Jr., and Shawna Calhoun pleaded guilty to
charges of transporting Minor A from Maine to Massachusetts
and back to Maine over an eight-day period with the intent
that Minor A engage in prostitution. See 18 U.S.C.
§ 2421. The district court sentenced each Defendant to
108 months' imprisonment. In these consolidated appeals,
Houston asserts the district court erroneously applied
sentencing enhancements for undue influence and computer use,
U.S.S.G. §§ 2G1.3(b)(2)(B) & (b)(3)(B), and the
government breached the terms of a proffer agreement in its
sentencing memorandum. Calhoun argues the district court
failed to adequately weigh the 18 U.S.C. § 3553(a)
factors when fashioning her sentence. Exercising jurisdiction
under 28 U.S.C. § 1291 and concluding that all these
claims lack merit, we affirm.
as here, a sentencing appeal follows a guilty plea, we obtain
the facts from the change-of-plea colloquy, the unchallenged
portions of the presentence investigation report, and the
record of the disposition hearing. United States v.
Dávila-González, 595 F.3d 42, 45 (1st Cir.
2010). "We rehearse only those facts that are needed to
put the claims of error into context." Id.
December 13, 2014, Minor A contacted Calhoun via Facebook. In
response to a question about her age, Minor A, who was 13
years old, wrote that she was 15. Calhoun replied,
"[W]hat I do you need to be of age." They later
discussed meeting up to travel from Maine to either
Massachusetts or New York.
asked her acquaintance Houston to rent a car to drive Calhoun
and Minor A from Maine to Boston, Massachusetts. In exchange,
the group would pay his expenses and he could visit his child
in Boston. On December 23, Houston drove Calhoun, Minor A,
and another individual from Maine to Boston. While in Boston,
Calhoun used her smartphone to prepare online advertisements
on Backpage.com to market her own and Minor A's sexual
services. Calhoun coached Minor A on how to post to
Backpage.com and also purchased condoms for Minor A to use.
Houston, meanwhile, drove Minor A to various locations in the
Boston area to engage in prostitution, and Minor A provided
the money from these encounters to Calhoun. Both Houston and
Calhoun learned Minor A's true age either at the outset
of the trip or while in Boston.
December 30, Calhoun, Houston, and Minor A learned the FBI
was looking for Minor A in Massachusetts. Houston then drove
the group to Bangor, Maine. While en route, they stopped
briefly in the Lewiston/Auburn area, near Minor A's
hometown. Minor A hid in the backseat of the car because the
group knew the authorities and her mother were looking for
her. Advertisements for Minor A's sexual services in the
Bangor area were posted to Backpage.com, and Minor A again
performed sexual services for money.
in the morning on December 31, Calhoun and Houston drove
Minor A to a hotel in the Bangor area so that she could meet
with a client. The purported client was a law enforcement
detective who identified himself after Minor A entered the
hotel room. Police then arrested Calhoun and Houston, who
were in the parking lot in the rental car.
same day, Houston waived his Miranda rights and
agreed to speak with the police. He said he knew that Minor A
and Calhoun had both been engaging in prostitution at
different hotels, that he had driven them to Boston and back
to Maine, and that they paid for his expenses during the
January 2015, Houston and Calhoun were charged in a one-count
complaint with transporting an individual in interstate
commerce with the intent that she engage in prostitution, and
aiding and abetting the same, in violation of 18 U.S.C.
§ 2421 and § 2.
following month, Houston agreed to provide information
relating to the human trafficking of Minor A via a proffer
agreement. The government agreed not to offer Houston's
statements from the proffer session in evidence in its
case-in-chief or in connection with a sentencing proceeding,
except in a prosecution for false statements or perjury. But
the terms of the agreement also provided that, in the event
of a prosecution, the government would provide Houston's
statements to the district court. The parties acknowledged
that the government could not bind the district court from
using the statements to the extent permitted by law.
March 2015, Calhoun and Houston were charged in a one-count
indictment with the trafficking charges from the January
complaint. Calhoun and Houston each pleaded guilty without a
plea agreement. Their separate Revised Presentence
Investigation Reports (PSRs) calculated the same offense
level under the Guidelines. Starting with a base offense
level of 24 under U.S.S.G. § 2G1.3, the PSRs computed
2-level enhancements for unduly influencing Minor A under
subsection (b)(2)(B); 2-level enhancements for use of a
computer under subsection (b)(3); 2-level enhancements as the
offense involved the commission of a sex act under subsection
(b)(4)(A); and 3-level reductions for accepting
responsibility, resulting ...