Argued: September 23, 2016
from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:14-cr-00246-CMH-1)
Douglas King, KING, CAMPBELL, PORETZ & THOMAS PLLC,
Alexandria, Virginia, for Appellant.
Christopher John Catizone, OFFICE OF THE UNITED STATES
ATTORNEY, Alexandria, Virginia, for Appellee.
J. Boente, United States Attorney, Scott Andrew Claffee,
Special Assistant United States Attorney, William Carlson,
Special Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
NIEMEYER, MOTZ, and WYNN, Circuit Judges.
by published opinion. Judge Wynn wrote the opinion, in which
Judge Niemeyer and Judge Motz joined.
federal jury convicted Defendant William Andrew Clarke of one
count of attempting to persuade minors to engage in unlawful
sexual activity, in violation of 18 U.S.C. § 2422(b),
and the district court sentenced Defendant to 120 months
imprisonment and lifetime supervised release.
appeal, Defendant argues that the district court erred in
denying his motion to suppress evidence obtained in an
inventory and warrant search of his vehicle. Defendant also
argues that the district court reversibly violated Federal
Rule of Criminal Procedure 30(b) by refusing to provide
counsel with key jury instructions before closing argument
and failing to properly instruct the jury regarding the
charged offense. Finally, Defendant maintains that the
government did not produce evidence sufficient to support his
conviction. Finding no reversible error, we affirm.
engaged in undercover child exploitation investigative work
in early October 2013, Department of Homeland Security
Special Agent Kevin J. Laws encountered Defendant on Family
Intimacy, a social networking website centered on incest.
Defendant's Family Intimacy profile listed his experience
with incest, individuals he wanted to engage in incest with,
and--most pertinent to Agent Laws' investigation--his
desire to engage in incest with minors. Going by the alias
"Jaye, " Agent Laws sent Defendant a friend
request, which Defendant accepted. Defendant then messaged
Agent Laws, stating that he was glad Agent Laws had reached
out and noting that they lived near each other. Agent Laws
messaged Defendant back, providing him with Agent Laws'
undercover email address so that they could communicate
outside of the website.
October 10, 2013, Defendant emailed Agent Laws and asked
whether Agent Laws had experience with incest. Agent Laws,
posing as the single father of two fictitious children,
nine-year-old Amy and eight-year-old Mark, replied that he
had molested his daughter since she was four years old.
their conversation progressed, Defendant said that he had
been looking for "likeminded" men close by. J.A.
253. Agent Laws then mentioned that although he "[did
not] really play with" Mark, Mark had helped him
masturbate a few times. J.A. 98, 254. Defendant responded: