NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 2, 2020 Decided November 3, 2020 Before FRANK H. EASTERBROOK, Circuit Judge MICHAEL S. KANNE, Circuit Judge DIANE P. WOOD, Circuit Judge No. 19-3139 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division. v. No. 1:17-cr-00073-1 BRYAN OSBORNE, Sara L. Ellis, Defendant-Appellant. Judge. ORDER Using false identities on Facebook, Bryan Osborne recruited twelve girls and one woman to have sex with him by falsely promising that they were auditioning for pornographic videos. He pleaded guilty to one count of a 25-count indictment: knowingly sex-trafficking a minor by force, fraud, or coercion, in violation of 18 U.S.C. § 1591(a), (b)(1), and (b)(2). After calculating a guidelines range of 292 to 365 months based on Osborne’s category I criminal history and offense level of 40, the district court sentenced Osborne to 264 months’ imprisonment and 12 years’ supervised release. Osborne appeals, but his counsel asserts that the appeal is frivolous and moves to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967). Counsel’s brief appears thorough; it explains the nature of the case and the issues that an appeal of this kind No. 19-3139 Page 2 might be expected to involve. We therefore limit our review to the subjects that counsel discusses, and that Osborne raises in his response under Circuit Rule 51(b). See United States v. Bey, 748 F.3d 774, 776 (7th Cir. 2014). Counsel consulted with Osborne and determined that he wants to withdraw his guilty plea. See United States v. Konczak, 683 F.3d 348, 349 (7th Cir. 2012). Counsel thus considers arguing that the district court failed to comply with Federal Rule of Criminal Procedure 11(b) before accepting the plea. See id. Because Osborne did not move to withdraw his plea,* we would review the Rule 11 colloquy for plain error. See United States v. Payne, 964 F.3d 652, 655 (7th Cir. 2020). A clear and obvious error would be reversible only if it affected Osborne’s substantial rights. Id. We agree with counsel that it would be frivolous to argue that any omissions from the Rule 11 colloquy prejudiced Osborne. Counsel reports that the district court never informed Osborne that he could be prosecuted for perjury if he made a false statement under oath. See FED. R. CRIM. PRO. 11(b)(1)(A). This omission is harmless because there is no current or prospective perjury prosecution against him. See United States v. Stoller, 827 F.3d 591, 597–98 (7th Cir. 2016). The district court also did not expressly state that Osborne was “waiving” his trial rights. FED. R. CRIM. PRO. 11(b)(1)(F). Rather, it reviewed those rights and explained that a trial would not occur if Osborne pleaded guilty. We do not mandate a particular script during a Rule 11 colloquy, so we would not find error here. See Stoller, 827 F.3d at 597. ...
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