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CASE NAME:United States v. Derrick Avery
ALL PLAINTIFFS:United States
ALL DEFENDANTS:Derrick Avery aka Mr. Marjani aka Snooky aka Pimp Snooky, and Shamika Evans aka Mika
CITATION:
DOCKET NUMBER:09-CR-196
SOURCE:Lexis Search, News Article, PACER
TYPE OF CASE:Criminal
RELATED CASE CITATION:
TYPE OF TRIAL:
TRIAL JUDGE(S):Lynn Adelman
YEAR OF ARREST:2009
YEAR OF VERDICT:2012
TYPE OF COURT:Federal Court
STATE:Wisconsin
FEDERAL DISTRICT:Eastern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult and Minor
NUMBER OF VICTIMS:12 +
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:Yes
NUMBER OF DEFENDANT(S):2
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Sex
CASE CATEGORIZATION:Commercial Sexual Exploitation/Prostitution, Commercial Sexual Exploitation/Prostitution (johns/other buyers)
FIRST CHARGE:Conspiracy to sex traffic by use of force
FIRST CHARGE US/STATE CODE CITATION:18 U.S.C. 371; 18 U.S.C. 1591
FIRST CHARGE VERDICT/PLEA:Guilty Plea
FIRST CHARGE SENTENCE:60 months for Avery; time-served for Evans
SECOND CHARGE:sex trafficking of child by force, fraud, or coercion
SECOND CHARGE US/STATE CODE CITATION:18 U.S.C. 1591, 18 U.S.C. 1592
SECOND CHARGE VERDICT/PLEA:Dismissed
SECOND CHARGE SENTENCE:
THIRD CHARGE:sex trafficking of child by force, fraud, or coercion
THIRD CHARGE US/STATE CODE CITATION:18 U.S.C. 1591, 18 U.S.C. 1592
THIRD CHARGE VERDICT/PLEA:Guilty Plea
THIRD CHARGE SENTENCE:240 months
FOURTH CHARGE:sex trafficking of child by force, fraud, or coercion (counts 4-6)
FOURTH CHARGE US/STATE CODE CITATION:18 U.S.C. 1591, 18 U.S.C. 1592
FOURTH CHARGE VERDICT/PLEA:Dismissed
FOURTH CHARGE SENTENCE:
FIFTH CHARGE:transporting a child to engage in prostitution (counts 7-14)
FIFTH CHARGE US/STATE CODE CITATION:18 U.S.C. 2422 and 18 U.S.C. 2423(a)
FIFTH CHARGE VERDICT/PLEA:Dismissed
FIFTH CHARGE SENTENCE:
CORE TERMS:18 U.S.C. 2422; 18 U.S.C. 2423(a); 18 U.S.C. 1591; 18 U.S.C. 1592
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:240 months
RESTITUTION REQUIRED:
FINE IMPOSED:$200 for Avery; $100 for Evans
FORFEITURE IMPOSED:Property (computers and cell phones).
FIRST CLAIM:
FIRST CLAIM US/STATE CODE CITATION:
FIRST CLAIM RESULT:
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:
SECOND CLAIM US/STATE CODE CITATION:
SECOND CLAIM RESULT:
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:
FOURTH CLAIM US/STATE CODE CITATION:
FOURTH CLAIM RESULT:
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Judgment, Appealed Sentence
APPELLATE OPINION CITATION:
HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:No
SUMMARY:Avery was charged with 14 counts: conspiracy to sex traffic by use of force (count 1); sex trafficking of a child by use of force, fraud, and coercion (counts 2-6); and transporting a child to engage in prostitution (counts 7-14). Avery pleaded guilty to one count of conspiracy to sex traffic by use of force (count 1) and one count of sex trafficking of a child (count 3). From 2001-2009, Avery (and his most trusted prostitutes) recruited women to perform acts of prostitution and to give him all proceeds from the commercial sex acts. He enforced "rules" he created, physically assaulted and brutally abused the women, and threatened to kill them and their families if they told anyone about his activities. His operation covered several states. From June to August of 2004, he convinced a minor runaway to become a prostitute, threatened her, and eventually physically beat her to force her to go to Las Vegas with him to prostitute. She was able to escape and call the police. Avery pleaded guilty to two counts. In exchange for his plea, the government agreed to dismiss the remaining counts. He was sentenced to 60 months on count 1 and 240 months on count 3, to run concurrently. He was fined $200 and given 3 years supervised release. Evans was described as his top prostitute. She pleaded guilty to conspiracy and was sentenced to time-served, community service, and 2 years supervised release. She was fined $100. On April 26, 2012, Avery filed a Notice of Appeal. The Seventh Circuit case number is 12-2016. On September 24, 2012, the appeal was dismissed. It appears the dismissal was per the parties' agreement.
Approval Status:Approved
Approver Comments:
            
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