US v. Hoffman, No. 09-3651

Mann Act Prosecution

In US v. Hoffman, No. 09-3651, defendant's conviction and sentence for transporting five minor females across state lines for the purpose of engaging in illegal sexual activity in violation of the Mann Act are affirmed where 1) the evidence supported the jury's conclusion that at all times defendant's intent in transporting the girls across state lines was for the purpose of engaging in illegal sexual activity; and 2) given the court's sentencing colloquy, the record reflects that the court appropriately based the sentence on the sum of the evidence in light of the advisory sentencing Guidelines and the court's analysis of the 18 U.S.C. section 3553(a) factors.

As the court wrote:  "A jury found Bernie Lazar Hoffman, a/k/a Tony Alamo, guilty of ten counts of transporting five minor females across state lines for the purpose of engaging in illegal sexual activity in violation of the Mann Act, 18 U.S.C. §§ 2 and 2423. The district court sentenced Hoffman to consecutive terms of imprisonment on all counts, for a total term of life imprisonment. Because there was sufficient evidence to support the verdict on each of the ten counts and the district court appropriately sentenced Hoffman under the United States Sentencing Guidelines (U.S.S.G. or Guidelines) and the Constitution, we affirm."

Related Resources

• Read the Eighth Circuit's Decision in US v. Hoffman, No. 09-3651