US v. Wysinger: Wysinger was convicted, by a jury, of conspiracy, sex trafficking, and distributing, or possession with intent to distributing, fentanyl that resulted in one overdose death and a second overdose. “Wysinger would give the women heroin and cocaine they could not afford and then insist they repay their debt by prostituting themselves.” Following his conviction, Wysinger received three life sentences and a concurrent term of 120 months.
On appeal, the Fourth Circuit affirmed Wysinger’s convictions and sentence. First, the court concluded that there was sufficient evidence that Wysinger coerced “vulnerable women by exploiting their drug addictions in exchange for prostitution services,” even in the absence of physical violence. The court also held that there was sufficient evidence that Wysinger’s coconspirator (who was also the overdose death) “understood the nature of their undertaking and agreed to participate.” The court also found that the jury instructions for the conspiracy to commit sex trafficking offense were not plainly erroneous (or erroneous at all). The court also held that the instructions on the two drug charges were correct, in that they allowed for death or serious bodily injury to be the result of both proven distribution and possession with intent to distribute. Finally, the court found that Wysinger’s prior Virginia drug conviction was a qualifying felony drug offense.
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