Memes posted on social media were admissible as intrinsic evidence

United States v. Alfred, 2020 WL 7329980 (10th Cir. Dec 14, 2020) (CO): A jury convicted Alfred of coercion and enticement to engage in prostitution in violation of 18 U.S.C. § 2422 and facilitating prostitution in violation of 18 U.S.C. § 1952. Alfred argued that the district court abused its discretion when it found that six memes he posted on social media were admissible as intrinsic evidence of the crimes charged and more probative than unfairly prejudicial. The panel held the district court’s ruling was correct. It said the memes were intrinsically part of the charged offenses although they predated the allegations by three years. A jury could conclude from the memes that Alfred was “branding” himself as a pimp. Their age “slightly diminish[ed]” their probative value, but they still were available to anyone visiting Alfred’s profile page. Additionally, they referenced why sex workers benefit from having a pimp. They also established that Alfred’s interaction with Nikki, an undercover agent posing as a potential recruit, was not casual, sporadic or in jest, an element the government had to prove beyond a reasonable doubt. The memes were probative of Alfred using his social media account to facilitate a “pimping business” by showing his viewers and potential recruits the benefits of having a pimp. Thus, in the context of the charges, the danger of unfair prejudice was relatively low, whereas the “maximum probative value” of the memes was “high.”