United States of America v. Keith Deshawn Anderson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEITH DESHAWN ANDERSON,
Defendant - Appellant.
No. 14-10296
D.C. No. 4:12-cr-00914-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Keith Deshawn Anderson appeals from the district court’s judgment and
challenges his jury-trial conviction for transportation of a minor with intent to
engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a). We have
FILED
FEB 29 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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jurisdiction under 28 U.S.C. § 1291, and we affirm but remand with instructions to
correct the judgment.
Anderson contends that the district court erred by failing to require the
government to prove that Anderson knew the victim in this case was under the age
of 18. Reviewing de novo, see United States v. Havelock, 664 F.3d 1284, 1289
(9th Cir. 2012) (en banc), we find no error. A conviction under 18 U.S.C.
§ 2423(a) does not require proof that the defendant knew the victim was a minor.
See United States v. Taylor, 239 F.3d 994, 996 (9th Cir. 2001). Contrary to
Anderson’s contention, it makes no difference whether the specified unlawful
activity is prostitution or, as in this case, “any sexual activity for which any person
can be charged with a criminal offense.” See 18 U.S.C. § 2423(a); Taylor, 239
F.3d at 997 (“If someone knowingly transports a person for the purposes of
prostitution or another sex offense, the transporter assumes the risk that the victim
is a minor, regardless of what the victim says or how the victim appears.”)
(emphasis added).
We remand to the district court to correct the judgment to reflect that
Anderson was convicted of violating 18 U.S.C. § 2423(a).
AFFIRMED; REMANDED to correct the judgment.
14-10296 2

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