FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MASSACHUSETTS [Hon. Indira Talwani, U.S. District Judge]
Kretzer and Law Offices of Seth Kretzer on brief for
Paruti, Assistant United States Attorney, and Andrew E.
Lelling, United States Attorney, on brief for appellee.
Lynch, Circuit Judge, Souter, [*] Associate Justice, and Kayatta,
KAYATTA, CIRCUIT JUDGE.
2017, a jury convicted Robert Rang under 18 U.S.C. §
2422(b) of attempted coercion and enticement of a minor to
engage in sexual activity for which Rang could be charged.
Rang appeals his conviction, arguing that the district court
erred by denying in part his motion to suppress statements
made during an interrogation. Rang also challenges the
sufficiency of the evidence. For the following reasons, we
affirm his conviction.
Minor A met Rang online while playing the
multiplayer video game Call of Duty on
PlayStation. Minor A and Rang (who was then
approximately twenty-five years old) played together nearly
every other day for an extended period of time and
communicated orally via headsets with microphones. Minor A
told Rang his age and grade in school. Rang told Minor A that
he lived in Pennsylvania, which was true, and worked at Sony,
which was not. Minor A knew that Rang was an adult.
March 2014, Rang and Minor A became "friends" on
Facebook. Rang asked for and obtained Minor A's home
phone number and home address. Rang called Minor A's home
phone to talk to him and sent Minor A messages through
TextNow, an online messaging application that Rang instructed
Minor A to download. Rang gifted Minor A PlayStation cards,
ranging from $20 to $50, that could be used to buy
PlayStation games or to purchase items within games. Rang
also let Minor A access his "PSN" membership, which
allowed Minor A to play certain games for free. Rang used his
fictitious position at Sony to manipulate Minor A, such as by
telling Minor A that Sony would block Minor A's
PlayStation account access unless Minor A played exclusively
Rang and Minor A played private games together, Rang called
Minor A "babe," and on numerous occasions said that
he loved Minor A. Rang also talked to Minor A about
masturbation, a term with which Minor A was unfamiliar. Rang
explained masturbation to Minor A and told Minor A to search
online for specific videos of men masturbating. On October
28, 2014, Rang sent the following messages to Minor
"Omg I love u so much ur making my dick ao hard";
"Can we masturbate babe im so hard we can do it super
fast if not it's okay"; "Ok and its ok i
understand u don't want to it's ok not mad i'll
do it later by myself i wish i had a few pics of you
October 30, 2014, Rang wrote:
[I] really want to play with u since Friday u wont be home or
on and also i might be comming out with in the month of
nov-ember to see u i really want to be with u in person i
really really really want us to live together that would make
me more happy then u will ever know.
testified that he thought Rang was planning to visit him.
December 29, 2014, upwards of ten law enforcement officers
executed a federal search warrant at Rang's Pennsylvania
home. Rang's father let the officers into the home, where
they found Rang on the second floor and handcuffed him.
Michael Connelly, a United States Postal Inspector, and
Robert Smith, a Massachusetts State Trooper, led Rang to the
third-floor attic for questioning. The interrogation that
followed began at 8:41 a.m. and lasted two hours and
twenty-two minutes, the audio of which was
beginning of the interrogation, Connelly told Rang that
"one of the things that we have to do and we want to
make sure that you understand is just make sure you
understand your rights." Rang was then given printed
Miranda warnings to read. As Rang read the rights,
he said, "This is just Miranda rights," and "I
know my Miranda rights." The following colloquy then
took place between Smith and Rang:
SMITH: Let me, if you don't mind. I'll read them
aloud to you as well, okay?
Cause I want to make sure you've got through it
thoroughly. You're able to read these okay without
RANG: I understand. I've been arrested before. I kind of
SMITH: All right, but just cause I want to make sure you got
through this ...