UNITED STATES OF AMERICA v. JOSH SMALL (20-5117); JONI AMBER JOHNSON (20-5120) - Articles

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UNITED STATES OF AMERICA v. JOSH SMALL (20-5117); JONI AMBER JOHNSON (20-5120)

Posted by: Tanja Trezise on Feb 10, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Kevin M. Schad, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cincinnati, Ohio, for Appellant in 20-5117.

Attorneys 2: ARGUED and ON BRIEF: Gregory A. Napolitano, LAUFMAN NAPOLITANO, LLC, Cincinnati, Ohio, for Appellant in 20-5120.

Attorneys 3: ARGUED and ON BRIEF: Alan S. Kirk, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee.

Judge(s): SILER, CLAY, and GRIFFIN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Tennessee at Knoxville

SILER, Circuit Judge. Defendants Josh Small and Joni Johnson were both convicted and sentenced under the Federal Kidnapping Statute. In this consolidated appeal, Small and Johnson raise several issues, including insufficiency of the evidence under the Federal Kidnapping Statute, improper advice to the jury, failure to hold an evidentiary hearing on a pro se motion by Small, and unreasonable sentences.

This case presents an atypical application of the Federal Kidnapping Statute. Thus, the most significant issue is whether the conduct by the defendants violated the kidnapping statute. Because they did not transport the victim across state lines, the defendants claim that under the statute, there must be more interstate activity other than traveling into another state. We AFFIRM.

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