United States v. Schatz, 112513 FED11, 12-16600

Docket Nº:12-16600
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GARY SCHATZ, a.k.a. Gary K. Schatz, Defendant-Appellant
Judge Panel:Before KRAVITCH, ANDERSON and DUBINA, Circuit Judges.
Case Date:November 25, 2013
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

GARY SCHATZ, a.k.a. Gary K. Schatz, Defendant-Appellant

No. 12-16600

United States Court of Appeals, Eleventh Circuit

November 25, 2013

DO NOT PUBLISH

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:12-cr-80124-WJZ-1

Before KRAVITCH, ANDERSON and DUBINA, Circuit Judges.

PER CURIAM:

Gary Schatz appeals his conviction for attempting to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b), asserting several errors during his jury trial warrant reversal. After careful review, we affirm.

I.

At Schatz's trial, the government called Detective Charles Ramos of the Special Victims Unit of the Boykin Beach, Florida, Police Department. Ramos testified that, during his investigation, he posed as a 15-year-old boy on a mobile phone social-networking application called Boyahoy. The program allows users to locate other users nearby, view those users' online profiles, and send and receive instant messages. Ramos established an account using the name "Rick, " uploading a photograph of another officer, who was 15 years old in the photo, as Rick's profile picture. Boyahoy's application restricts users to those over 18, so Ramos entered a birthday indicating Rick was of age. In Rick's profile, however, Ramos entered, "I'm 18 years old minus three years. Get it? Hee-hee."

Ramos testified that he soon received an instant message from an individual named Gary (later identified as Schatz). Schatz's profile stated that he "would like to find a nice boy to chill with." Detective Ramos, playing the role of Rick, exchanged messages with Schatz. In one, Schatz asked whether Rick was in college. Rick answered that he was in high school and was planning on attending college "[i]n a couple of years." Soon, Schatz sent Rick his telephone number, and the two exchanged text messages. In three of those exchanges, Rick made reference to being only 15 years old. Schatz asked Rick if they could meet, suggesting they have sex. Ramos apprehended Schatz at the location where Schatz had agreed to meet Rick.

At trial, the government also called Richard Klein, who testified that, beginning when he was 12, he had sexual interactions with Schatz. He testified that his mother found out when he was 14 and called police. Initially, Klein told police what happened but recanted his testimony days later. Klein testified that, when he recanted, he was still under Schatz's persuasion. He continued to see Schatz until he was about 15 years old.

Schatz also testified, denying he knew "Rick" was 15 years old. He said he believed Rick to be at least 18 because he was on Boyahoy, which banned underage users, and because he looked 18 in his photograph. Schatz said he never looked at Rick's profile statement about being underage and that he was distracted when Rick told him he was 15.

The jury ultimately found Schatz guilty, and the district court sentenced him to 264 months' imprisonment. This is Schatz's appeal.

II.

Schatz first contends the district court erred by failing to state on the record the specific reasons for admitting Klein's...

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