USA v. GOETZKE
The Ninth Circuit Court of Appeals today released an opinion in USA v. GOETZKE, No. 05-30267, a criminal appeal. The panel consisted of Pamela Ann Rymer and Susan P. Graber, Circuit Judges, and John S. Rhoades, Sr., District Judge.
PER CURIAM:
A jury found David Anthony Goetzke guilty of attempting to persuade, induce, entice, or coerce a minor, W, to engage in unlawful sexual activity in violation of 18 U.S.C. ยง 2422(b). In this timely appeal, Goetzke argues that the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt. The facts are not in dispute. The issue is whether a rational jury could have found that Goetzke’s conduct demonstrated an intent to violate the statute and that he took a “substantial step” toward completing the crime. We conclude that a rational jury could, and we affirm. I In the summer of 2003, AG lived in Louisiana with her 10year-old son W, who was developmentally disabled. At the suggestion of her husband, who was then working in Kuwait, AG sent W to a Montana ranch owned by a family friend, Ray Fettig, so that W might spend the summer in the great outdoors as his father had done as a child. Five or six days into the trip, AG learned that Goetzke, a registered sex offender whose sexual preference is young boys, was staying with Fettig. At her request, a social worker removed W from Fettig’s residence and put him on a plane to Louisiana. Later in the fall, Goetzke began telephoning W. He left messages calling W “little brother” and saying that he missed him. AG permitted Goetzke to speak to W one time while she listened on another line. Nothing untoward was said. . . .