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Shapiro, Esq. Robert A. Zauzmer, Esq. Anthony Mark Bianchi appeals from the judgment of sentence, following a jury trial, in this sex tourism case. He argues that: 1 the government violated his due process and compulsory process rights by intentionally preventing a defense witness from appearing at trial; and 2 18 U.
We will affirm. This is an extremely disturbing case involving a defendant who Hot want casual sex Toledo Ohio traveled around Sx world to meet and engage in sexual conduct with young boys. In the sixteen- month span between December and MarchBianchi traveled twice to moodova impoverished village of Trejubeni, Moldova and twice to Romania, each time seeking out boys between the approximate ages of twelve and fifteen.
Bianchi was assisted by his unindicted Moldovan co-conspirator, Ion Gusin, who served as a translator and helped Bianchi meet the boys and arrange sexual encounters. He engaged in sexual conduct with several boys — including performing oral sex on them and anally raping them — and attempted to engage in sexual conduct with several others.
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Law enforcement authorities intercepted Bianchi at the Philadelphia airport in March as he returned from Romania. He is serving a twenty-year prison sentence. Bianchi was charged in a second superseding indictment with one count of conspiracy to engage in illicit sexual conduct in foreign places, 18 U. The District Court denied the motion.
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Days bbw massage greenville trial bronx staten island escorts set to begin, four of the victim-witnesses reported to U. After the boys arrived in Philadelphia for the trial, they were interviewed by the prosecutors and Immigration and Customs Enforcement agents. Two days before trial, on July 14,the government notified the District Court and defense counsel that it was seeking an arrest warrant for Levintsa for witness intimidation, in violation of 18 U.
Later that day, a magistrate judge issued the warrant. The parties disputed how important Levintsa was to the defense and whether defense counsel had actually been planning to call him as a witness. Indeed, the government told the District Court that it was unaware of even the possibility that Levintsa would be a witness until three hours after it informed defense counsel of the warrant.
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In addition, several adults Bianchi encountered in Romania testified that he expressed interest in meeting families with children. Levintsa refused to come to the United States and defense counsel arranged for him to testify by video from Moldova. The government obtained a letter from the U. Ambassador to Moldova, stating that the interview requested Single black women in Sweden tn the Moldovan authorities was in no way connected to the U.
Embassy, and confirming that Levintsa was not under criminal investigation and was free to come to the United States to testify. A letter of assurance from the Moldovan Ministry of Interior also promised that Levintsa was not the target of a criminal investigation, was free to leave Moldova, and could provide video testimony.
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Levintsa encounetrs to refuse to come to the United States or to testify by video. On May 27,the District Court sentenced Bianchi to concurrent month terms of imprisonment on each of the counts of conviction, lifetime supervised release, 2 With respect to Count Three engaging in illicit sexual conduct in a foreign place, on or about December 2 through 24, and Count Five Single mature seeking hot fucking sex big women in illicit sexual conduct in a foreign place on or about January 17 through February 8,the jury found Bianchi guilty with respect to two of the three victims named in each count.
Bianchi timely appealed. Bianchi argues that the government intentionally prevented Levintsa enxounters appearing at trial, in violation of his Fifth Amendment right to due process and his Sixth Amendment right to compulsory ,oldova.
Blackwell, F. Mills, F. United States v.