PER CURIAM:
A federal jury convicted Franesiour Kemache-Webster of enticing a minor to engage in illegal sexual activity in violation of 18 U.S.C. § 2422(b), and the district court sentenced him to life imprisonment. Kemache-Webster now appeals both his conviction and sentence. With regard to his conviction, he contends that the district court (1) erred by denying his motion for acquittal based on insufficiency of evidence and (b) abused its discretion by making several evidentiary rulings. With regard to his sentence, Kemache-Webster claims both procedural and substantive errors and asks this Court to vacate it. Finding no merit in these contentions, we affirm.
In late 2008, Kemache-Webster's daughter "Nikki," who was 14 years old and had been living with her mother, came to live with Kemache-Webster in Washington, D.C. Nikki lived there with Kemache-Webster until March 2010 when Kemache-Webster went to federal prison in Illinois for writing a bad check. Soon thereafter, Nikki moved back in with her mother in Maryland.
From prison, Kemache-Webster sent Nikki emails and letters and placed telephone calls to her that revealed (in graphic detail) that Kemache-Webster and Nikki had maintained an incestuous relationship while she was living with him. The communications indicated that Kemache-Webster intended for the relationship to continue after his incarceration and that he even intended to marry Nikki and conceive children with her, the first of which would be named Ne'Vaeh ("Heaven" spelled backwards). Kemache-Webster also sent Nikki a detailed plan for their reunion, which was to occur immediately after his anticipated release in 2010. This plan specified that Nikki would meet him at a bus station in Washington, D.C., from which they would go to a nearby hotel where "every thought, idea, and desired position [would] be acted upon, assisted and fully accomplished." (J.A. 429.)
Nikki responded to Kemache-Webster's communications in kind. For example, a July 27, 2010 letter from Kemache-Webster to Nikki referenced recent comments from Nikki as follows: "Now as for Ne'Vaeh . . . it sounded like when we last spoke openly and by a letter I got from you on Monday . . . that you are really wanting to get pregnant this year . . . as soon as I am home and we are settled." (S.S.A. 013.)
The case proceeded to a three-day jury trial in April 2011, which concluded with a guilty verdict. Several months later, following a sentencing hearing, the district court sentenced Kemache-Webster to life imprisonment.
We turn now to Kemache-Webster's contention that the district court erred by denying his motion for acquittal. The motions challenged the sufficiency of the evidence. We review challenges to the sufficiency of the evidence de novo,
18 U.S.C. § 2422(b) makes it illegal to "knowingly persuade[], induce[], entice[], or coerce[] any individual [under 18] to engage in . . . sexual activity for which any person can be charged with a criminal offense, or attempt[] to do so." 18 U.S.C. § 2422(b).
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On appeal, Kemache-Webster contends that the district court should have granted his motions for acquittal since the evidence against him was insufficient in two ways. First, he contends that there was insufficient evidence to support a conclusion that Nikki gave her assent to engage in illegal sexual acts with him. And, Kemache-Webster argues, since the district court only charged the jury on the completed violation prong of the statute, not the attempt prong, the jury could not convict without evidence of Nikki's assent. Second, Kemache-Webster contends that the jury could not have found that the sexual activity Kemache-Webster proposed to Nikki was illegal since the evidence showed that the activity was to occur in Washington, D.C., and the district court only instructed the jury that incest was illegal in Maryland. We address these two contentions in turn.
Kemache-Webster's first contention—that there was insufficient evidence to support a finding that Nikki gave her assent—is incorrect. Kemache-Webster's letter to Nikki stating that "it sounded like . . . you are really wanting to get pregnant this year . . . as soon as I am home and we are settled" supports the inference that Nikki gave her assent by telling her father that she intended to resume their incestuous relationship and bear his child. (S.S.A. 013.) Thus, a reasonable jury could conclude that Kemache-Webster "enticed" Nikki as required for a conviction under 18 U.S.C. § 2422(b).
Kemache-Webster next contends the district court improperly charged the jury by instructing them on the law of incest from Maryland.
First, even if we assume error in charging the proper substantive law on illegal sexual activity, it is not clear that such an error is plain. The law of Maryland could be just as appropriate as the law of Washington, D.C., because the jury could have found that the enticing was completed in Maryland or that Nikki had given her assent to a sexual relationship that would have included sex in Maryland, where she lived when she gave her assent. Further, we find no plain error here because Kemache-Webster cannot show that the error affected his substantive rights since incest is illegal in Washington, D.C., just as it is in Maryland. D.C. St. §22-1901.
For these reasons, we reject Kemache-Webster's contention.
Kemache-Webster also contends that the district court made three erroneous evidentiary rulings, which we review for abuse of discretion.
Finally, Kemache-Webster challenges his sentence. In reviewing any sentence, "whether inside, just outside, or significantly outside the Guidelines range," we apply a "deferential abuse-of-discretion standard."
On appeal, Kemache-Webster contends that his sentence is both procedurally and substantively unreasonable. As for the procedural challenges, Kemache-Webster contends that the district court (1) disregarded the Sentencing Guidelines, (2) relied on unproven facts and uncharged conduct,
With regard to the substantive challenges, Kemache-Webster primarily contends that the district court abused its discretion by imposing a sentence for enticement of incest that was greater than Maryland's penalty for actual incest. However, the district court noted numerous reasons for imposing a life sentence, including Kemache-Webster's criminal history, attempts to circumvent court orders, and failure to accept the seriousness of his crime. Therefore, we do not find that the length of this sentence represented an abuse of discretion.
For the foregoing reasons, we affirm Kemache-Webster's conviction and sentence.