EFTA00079409

LAw 0.74=1 or GERALD B. Lnrcounr, P.C. A PROFeSSIONAL CORPORATION 1493 CAST TB" STREET NEW YORE, NEW YORK 10021 GERALD B LEFCOURT TELEPHONE la 1E)7370400 m ailman SHERYL E. REICH riBlialloROWEWN:orn RENATO C. STABILE altRINBIeBoustar tom rainy July 25, 2007 BY HAND Chief of the Criminal Division The United States Attorney's Office Southern District of Florida 99 NE 4th Street Miami, Florida 33132 Jeffiry Epstein Dear• Mr. Menthe': We have previously provided you with a memo as to why we believ e no charge under 18 U.S.C. §2422(b) could or should be brought against Jeffrey Epste in, even assuming the specific conduct that you have alleged actually occurred. In that memo , we detailed Congress's intent in enacting this statute. We also posited that the language of the statute would have to be stretched beyond recognition to fit the particular facts ofMr. Epstein's ease.' Enclosed is data that strongly supports the arguments we previously made. We have thoroughly analyzed every prosecution brought under the statute for which data could be obtained. Based on that analysis, we submit that the prosecutions actually brought under the statute overw helmingly confirm the limits to prosecution we have previously identified.2 For several months, we have also been consulting on this matter with Stephanie Thacker, former Principal Deputy Chief, Department of Justice, Child Exploitation & Obscenity Section. Ms. Thacker supports our position without reservation that this is not a matter upon which the federal statues should be brought to bear. Ms. Thacker would also welcome any questions or concerns you would like to raise with her. Please note that the enclosed chart amends the one provid ed to you earlier this week by adding additional details recently located. EFTA00079409 LAW orricts er GERALD B. Lnrcount. P.C. sup Chief of the Criminal Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 2 For example, of the 184 prosecutions in whi ch at least one count alleges a violation of §2422(b), in the overwhelming majority of those cases — 160, or over 85% — the "means" interstate communication was the Internet and of involved the classic "Internet trolling" — different from the behavior alleged here. Of far that subset, the vast majority -- 113 -- were operations involving "children" (actually, agen "sting" ts) said to be between 2 and 14 years of age. government in each of those instances took The every precaution to verify that the defenda were undertaken "knowingly". nt's actions the extent we can determine the facts, it case being brought, in each instance mul appears that prior to a tiple explicit (and recorded) conversations there could be no question as to when the indu were had, so cement was attempted, whether the indu was of explicit unlawful sexual activity, or cement what the defendant's belief was as to the age . victim. Again, this has no applicability of the to the facts alleged here. The data is informative in other ways, as well . Though there are a handful of cases in which the telephone is one of a multiple of means of interstate communications alleg only two such cases, both far different from edly used, in the facts here,[ was the use of the telephon means of the wrongdoing alleged. In the rem e the sole aining telephone cases, the §2422(b) coun one of several amongst various charges t is only of possession of child pornography, viol like. ence , and the The data from the chart also establish that in the vast majority of the cases brou sexual activity was actually consummated. ght, no That confirms that prosecutions under focused on protecting the federal interest in 42422(6) are preventing the means of interstate from being used to commit crimes, particul communication arly with respect to activities that are trad difficult for the state to prosecute. A prosecut itionally ion predicated on an incidental telephon as a "hook" to trigger federal jurisdiction in e call used order to punish a defendant for the underly activity is well out of, not only the mainstr ing sexual eam of 42422(6) prosecutions, but all §24 that have ever been brought. Here, the state 22(b) cases is fully able to prosecute the conduct alleg ed. We understand that the government beli eves it possesses proof that on various telephone calls were allegedly made on occasions Mr. Epstein's behalf by other persons who allegedly As detailed in the introductory section to the pimps who conceded that their businesse chart, among the differences are that those case s hinged on the use of telephones. Moreove s involve that the arrangements being made are for sexu r, it is unequivocal al activity with underage women. EFTA00079410 LAW OFFICCS Of Gam•*n B LEPcourr. P.C. afialninal Division The United States Attorney's Office Southern District ofFlorida July 25, 2007 Page 3 spoke directly or indirectly to women who were under 18. As the message books take (unlawfully, in our view) during the search n of Mr. Epstein's home clearly show, many initiated the interactions by repeatedly calli wom en ng to schedule massages. If the calls on whic government might seek to rely were merely "ret h the urn" calls, certainly any alleged "inducemen would be far from unambiguous. And of cour t" se, the woman who called would have to have known by Mr. Epstein to be under 18, and been further, Mr. Epstein would have to have kno intended that a specific sexual activity unlawfu wn and l under Florida law was being induced. Thus, contrary to there being unambiguous proo f of the required elements of a §2422(b) violation in this case, at least the following defects exist: First, it is hardly the case that every massage resulted in sexual activity. Thus, merely because there was a telephone call, even one that might have "induced" a massage (which dispute), such telephone call is not tantamo we unt to the use of a telephone in violation statute. of the Second, even where a particular massage involved masturbation by Mr. Epstein touching of a woman, we dispute that any such or the conduct is a violation of any applicable law. Florida focused on the evidence which reflects the exampl sworn statement of, for told state investigators that she was aske 18 and d to find women between Me Mr. Epstein with topless massages and their being touched. Fla. Stat. Ann. §79 whic h sometimes involved 6.07, a general statute which proscribes "pro and "lewdness", regardless of whether an adu stitution" lt or minor is involved, is of very limited applicability here. That statute's definitio n of"prostitution" excludes conduct of whic may be evidence, specifically, a man masturb h there ating himself while touching the brea Section 796.07(1Xa) defines "prostitution" sts of another. as the giving or receiving of the body activity for hirc. "Sexual activity" is defi for sexual ned to include "the handling or fondling organ of another for the purpose of masturb of the sexual ation". Thus, "sexual activity" appears situations where a woman is paid to mas to cover turbate a man but excludes the situatio masturbates himself in the presence of a n where the man woman. Any other reading of this statutor would raise constitutional problems of fair y language warning, vagueness and lenity. EFTA00079411 LAW o•ICCS or GERALD 13. LEVCOURT. PC Chiefo the Criminal Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 4 We are, of course, mindful of the fact that, unb eknownst to Mr. Epstein, some of the women were in fact not yet 18. It is certainly not clear that any state statutes were violated Mr. Epstein's conduct with any of these wom by en, either. Florida law criminalizes relatively sexual activity with persons between the ages of little 16 and 18. For example, it is not a violatio the laws regulating sexual activity to receive n of a massage from a person between 16 and 18 who topless or even naked. See Fla. Stat. Ann. §80 is 0.04 (lewd and lascivious conduct with a chil between the age of 16 and 18). Nor does that d statute make it a crime to touch the breasts or other private areas of someone between 16 and 18. Id. And, of course, even if a state crime committed, which we surely do not concede, was that does not make out a federal crime, unless could be proven that the defendant knowingl it y induced an illegal act over the telephone. Moreover, at best, the proof would show that in what may possibly be characterized as sexu only a small minority of massages resulted al activity with a woman under the age of even where a massage involved sexual activ 18. But ity with a woman under 18, to the extent Mr. did not know the woman was under 18, or the telep Epstein hone call did not induce the activity, or Epstein did not intend the sexual activity at Mr. the time the telephone call arranging the mas the person arranging the massage did not inten sage, or d the sexual activity, there would be multiple additional barriers to a successful prosecution. Further, putting aside whether there is suff icient proof that Mr. Epstein knew (and not merely that he "should have" surmised) that any of the women wore in fact under 18, the facts hypothesized above has never before set of provided a legally sufficient predicate for a prosecution under §2422(b) - or under any other federal statute. The enclosed chart clearly and compell ingly demonstrates that every charge brou alleging a violation of §2422(b) is characte ght rized by direct (not circumstantial and certa speculative) evidence of the defendant him inly not self (not others on his behalf) using the interstate communication to communicate means of an unambiguous inducement to a person underage or in the case of a sting, represen known to be ted to be underage (or a person thought behalf of such person) during the very• to be acting on communication that constitutes the requ federal jurisdiction. ired basis for EFTA00079412 LAW OF/PICCO OP GERALD B. LEFCOURT. P.C. FCre₹ o Criminal Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 5 To our knowledge, the current investigation lacks any direct (or even circumstantial) proof that an inducement was made by Mr. Eps tein during the pivotal communication that is the very heart of any potential §2422(b) charge. at Even if the government contends that Mr. Epstein induced unlawful sexual activity at som e point, face to face, after a telephone call, the separation of the communication and the indu cement takes Mr. Epstein's alleged misconduct outside the ambit of federal prosecution. It wou ld be unprecedented (and unprincipled), as the chart demonstrates, to prosecute Mr. Epstein under §2422(b) absent proof beyond a reasonab doubt both that he knew the age of the pers le on and that he intended in that communication induce sexual activity that is unlawful under Flor to ida law. It would also be unprecedented to prosecute Mr. Epstein under §2422(b) based on a telephone call made by a third party with direct proof that Mr. Epstein intended that out telephone call to induce unlawful sexual activ ity. For all of these reasons, as well as those asse rted at the meeting of June 26 and in our follow up letter dated July 6, 2007, as well as our earlier letter of June 25, we submit that no charge under 18 U.S.C. §2422(b) can be brou ght. If you have any questions or would like discuss this liuther, we are available. to Very truly yours, Alan M. Dershowitz cc: Lilly Ann Sanchez, Esq. EFTA00079413 JEFFREY EPSTEIN 18 U.S.C. §2422(b) CASE ANALYSIS CHART A nationwide search of all cases listing charges unde r 18 U.S.C. §2422(b) underscores the undeniable fact that this statutory provision has been used almost exclusively to apply to situations involving Internet "trolling" by sexual predators. Out of a total of 184 cases listed in the chart below, the overwhelming majority — 144 cases — involves communications using the Internet. Of those cases, 115 involve the classic "Internet Sting" operations where either the government or a private organization has focu sed its investigative efforts on the use of the Internet to lure infants and minors, 3-14 years-old. Of those 115 cases, 71 involved the use of Internet chat rooms. As the chart reflects, the circumstances under whic h this statute has been applied invariably involved communications containing an explicit inducement — if not many — to the minor to engage in sex, and reflect the defendant's clear knowledge of the age of the minor. Notably out of the184 cases, only 2 cases involve the use of only the telephone. Both of those cases involve charges against pimps using phones to arrange appo intments for prostitutes. In addition, both of those cases involve violence and pimps who admitted to using phon es to further their business ventures. Moreover, in both cases many other factors, including the distribution of narco tics, use of force and possession of firearms were present. See U.S. v. Evans, 476 F.3d 1176 (11th Cir. 2007); U.S. v. Phillips, 165 Fed. Appx. 677 (10th Cir. 2006). In addition, the telephone and not the Internet served as the "facility or instrument" of interstate commerce in 4 foreign travel sting operation cases geared towards "sex tourism". Out of the 184 cases listed below, only 17 involved actual sexu al activity, 6 of them by use of force. It is also clear that in no case — other than U.S. v. Howard, 2006 U.S. Dist. LEXIS 67214 (W.D.N.C. 2006) (co-conspirator pimps in prostitution ring) — was there a successfu l charge of conspiracy based on §2422(b). See, e.g., U.S. v. Pisman, 443 F.3d 912 (sr Cir. 2006) (2423(b) cons piracy); U.S. v. Pipkins, et al., 378 F.3d 1281 (11th Cir. 2004) (RICO conspiracy); U.S. v. Hornaday, 392 F.3d 1306 (11` " Cir. 2004) (conspiracy charge was error ); EFTA00079414 U.S. v. Jackson. 2007 U.S. Dist. LEXIS 33639 (D. Neb. 2007) (state cons piracy charge dropped because no conspiracy possible with undercover agent); U.S. v. Bianchi, 2006 U.S. Dist. LEXIS 90073 (E.D. Pa. 2006) (2423(e) conspiracy). ‘ . br( FACILITY • FAciagautgaugiN CHARGE 1" Cir. U.S. v. Dewire, Internet AOL instant message (1M) 2422(b) 271 F.3d 333 (1" Cir. communication with "12 yr-old"; 2001) sexually explicit conversation, at the end Not Consummated of which defendant arranged to meet "12 yr-old" at a restaurant. In reality Showed up for meeting communications were with an adult swim team coach who had been using the girl's computer; coach turned print out of conversation over to police who observed defendant entering and leaving the restaurant and arrested him. Sentence 13 months; appeals conviction & sentence. Affirmed. 2 EFTA00079415 kr.,/14H-,?3c4 2iitat t:,.‘, ;i: .f-At:. T,, - i‘26-0 6AulthalienT s. - --,,,,,,k,stottra%s.. -4,?..ite,,, 4 ,443.,,,,,,,......,,A.,. n. .-, . 4- -.'‘S...;,.qaai•! a ' . • •:). • ;'-': - t-• U.S. v. Gravenhorst, $••- . Unpublished Internet use of email by 45 yr-old male to 2006 U.S. App. LEXIS 2422(6); 32373 (1st Cir. 2006); proposition 4 16 yr-old girls& one under 1470; vacating 16 yrs-old to engage in sex with him; 14 62 377 F.3d 49 (In Cir. 2004) defendant pretended to be 19 yr-old and sent numerous graphic emails asking minors for sex; also sent sexually- No Information charged images to them — including couple engaging in sex and an erect penis. Sentence vacated in light of Booker. 2nd Cir. U.S. v. Friedman, Unpublished Internet Email communications with actual 14 yr- 139 Fed. Appx. 330 (2nd 2422(6); old; defendant arranged to meet and Cir. 2005) 2423(6) actually met 14 yr-old girl and engage d in "sexual touching"; interrupted by security guard at mall; instant messages Consummated reflected defendant's intention to pres ent himself to the upon meeting 14 yr-old in an aroused state once they met; defendant found with condoms in his car; & when arrested photos were found on his digital camera, one of which he had sent to the 14 yr-old via email. Conviction affirmed but 81 month sentence vacated to be reconsidered in light of Booker. 3 EFTA00079416 CllURT ' zettaa;pette,-.:z! • r. , .7.... CASES .1:x , CYL,"34r v * 4 , FACIMTV - FAparpvg wATioN.. ; -CUARGE. U.S. v. Weisser, Internet AOL IM chats (over 6) between 45 yr- 2422(h); 417 F.3d 336 (2nd Cir. Sting old male from San Francisco and "II yr- 2423(b); 2005) old male" in NYC; discussed in graphic 2252A(a)( I ) language the kinds of previous sexual activity he had engaged in with other Not Consummated minor males and those he planned to engage in with the "11 yr-old" ; defendant arranged to meet the "boy" at Showed up at meeting a hotel in NYC; talked on the telephone twice (calls recorded); requested photos to verify age; made detailed plan for "11 yr-old" to skip school and stay with him at hotel in NYC; defendant sent "1I yr- old" his flight and hotel information and waited for "boy" in hotel room where arrested; police found defendant with sexual paraphernalia and CD in computer containing child porn which had been created from images downloaded from defendant's computer. 210 month sentence remanded to be reconsidered in light of U.S. v. Crosby, 397 F.3d 103 (2d Cir. 2005). 4 EFTA00079417 ."- t....7 S..• MC , yr . - VI ' ^ MiN)l h 7 A a 1‘,. - - • 1" . v. Minnici, Unpublished Internet U.S. Defendant drove 170 miles to engage in 2422(b); 128 Fed. Appx. 827 (2nd Sting sexual activities with "13 yr-old" after 2423(b) Cir. 2005) engaging in 1M chats, and telephone conversations; N chats . Defendant Not found to be in possession of graphic Consummated photographs. Defendant also engaged in IM chats with "14 yr-old" during which he expressed desire to travel to meet her; also other IM chats where defendant described "coaching" high-school girls in sexual terms; photo of grown man masturbating in front of a 2 yr-old. "Addictive" nature of Internet communications with minor warranted pre-trial detention and revocation of bond. 5 EFTA00079418 ,,,,,,,- -, , ; --, 4 rt < ts ,,2f.t t, nit 1 OVA, U.S. V. Brand, Internet Internet chat room; civilian posing as 2422(6); 467 F.3d 179 (2nd Cir. aga "13 yr-old girl" in "I Love Older Men" 2006) 2423(b) chat room; defendant proposed they meet and he "hug" her and they could fool Not Consummated. around and "do it all"; offered to "teach her" how to have sex and "how to be a Showed up at meeting woman"; civilian turned chats over to police; defendant used the telephone to plan and arrange to meet for sex; arrested when he showed up. Police found child porn on his computer and condoms in his car. U.S. v Miller, Neither, Gang members; pimp recruited underage 148 F.3d 207 (2' Cir. 2422(6); possibly cell girls for prostitution and traveled 1998) 2423(b) phone & interstate with them. beepers No Information U.S. v. Johnson. Internet Internet contact with 3 separate minor 221 F.3d 83 (2nO Cir. 2000) 2422(b); girls and traveled to engage in illegal 2423(b); sexual conduct. 2252(a)(1) & (a)(4)(B) Pled guilty to travel from MA to NY; VA to MD; & VA to MI to meet 13 yr- Consummated olds & have sex; and convincing minor to travel from MD to VA to have oral sex with him; all through the Internet. Pled guilty — 88 month sentence Affirmed. 6 EFTA00079419 :.,...., i,. . ,, c ; rct., ....c..,--,;%...1-,,, ..p47.5,:„ : ...-; ,_„,____ A 4 4..› ,• .. .t-. :x.1.7 ..• :MINtrt Ya ..., ;Id *;`,-;- -r ,. 1k.ii 17* - do- :4 e .- I x _F c , VS 3" Cir. U.S. v. Lee, Internet Internet chat 2252A(a)(l) & (b)( I); 315 F.3d 206 (3rd Cir. room"GirlsandOlderGuys"; 30 yr-old (a)(5)(B) & (b)(2); 2003) contacted minor in chat room; met actual 2423(b); 15 year-old in chat room; arranged to 2422(b) have her travel to meet him; they met and engaged in sexual acts. Also Consummated attempted to meet other minors online to engage in sexual activity; transmitted child porn online. Pled guilty to 2252A and 2422(b) and sentenced to 57 months; appealed sentence requiring supervised release condition requiring random polygraph testing. Affirmed. U.S. v. Awwad, Unpublished Internet Case involved typical Internet sting 2422(b); 2423(b) 184 Fed. Appx. 201 (3" sling operation. No specific facts available. . Cir. 2006) Not Consummated 7 EFTA00079420 U.S. v. Hlavac, Slip Copy No Defendant arrested for having sex with a 2422(b); 2423(b) Slip Copy, 2006 WL Not for Information 2 yr-old who was offered by the mother. 3368897 (3rd Cir. 2006) Publication Appealed 240 month sentence. Affirmed. Consummated U.S. v. Garcia, Slip Copy Internet 56 yr-old male met 14 yr-old on 2422(b); 2423(b) Slip Copy, 2007 WL Internet; traveled to meet her for sex 986874 (3'd Cir. 2007); Not for and had sex with her. Consummated see also U.S. v. Garcia, Publication Pled guilty but appealed 100 month, 5yr 2005 WL 1862409 (M.D. supervision & fines. Affirmed. Pa. 2005)(Unpublished) infra U.S. v. Tykarsky, Internet Internet chat room "Iloveoldermen2"; 2422(b); 446 F.3d 458 (3'd Cir. Sting defendant initiated IM chat with "14 yr- 2423(b) 2006) old"; indicated interest in having sex with her; contacted the "14 yr-old" on at Not Consummated least 8 different dates& described in explicit detail sexual acts he hoped to Showed up at meeting perform with her; asked "14 yr-old" for photo; during Internet chat defendant arranged to meet "14 yr-old" at a hotel and described sexual acts he intended to engage in with her; defendant showed up at hotel and arrested. Actual minor not required; maximum sentencing provided by PROTECT Act remanded because conduct occurred before effective date of the Act (April 30, 2003). 8 EFTA00079421 -.? tra- fr ''' '' , ' . ,g,4,.. . „,.., . lit 1;-• ,"'- %PI -?' ''• '..''.' . It .. a ' ••• r." r• 4'h Cir. U.S. v. Bray, Unpublished Challenge to sentence of 168 and 180 2422(b); 133 Fed. Appx. 80 (4'h Cir. months for 2 counts of 2422(b) 2005) 21 USC 841 conviction and 60 month conviction for (marijuana possession ) marijuana possession — all but 24 months to be concurrent or alternative No Information sentence of 204 months - court affirmed sentence. U.S. v. Taylor, Slip Copy No No information. Appealed 71 month 6 Fed. Appx. 174 (4th Cir. 2422(b); 2423(b) Information sentence. Affirmed. 2001) Not for No Information Publication U.S. v. Kaye Slip Copy Internet Internet communications by 54 yr-old 2422(b); 2423(b) Slip Copy, 432007 WL Not for Sting male with "13 yr-old male"; defendant 1978226 (4`h Cir. 2007) Publication by private told "13 yr-old" he was "prowling for organi zation young men" on the Internet; defendant Not Consummated emailed explicit photos of himself naked and having oral sex with another male; defendant engaged in several sexually explicit chats with "14 yr-old"; arranged to meet "14 yr-old" for sex; when defendant arrived he was met by "Dateline" crew instead. Conviction & sentence affirmed 9 EFTA00079422 I ': Ar"; r :4, :4- '?.. ;:a tiatt bi MI . ' 51 We- , te.. .A. "r 'Ir. ;,' •' A' ,- . I: -- ' N :,. ., . - V" Cir. U.S'. v. Earner, Internet Defendant met "I4 yr-old"through 1M 2422(6) 251 F.3d 510 (5'h Cir. Sting chat; defendant kept in contact with her 2001) through Internet and attempted to entice "14 yr-old" to have sexual relations with Not Consummated him; engaged in IM chats and telephone conversations for three months; through Internet arranged to meet at restaurant to Showed up for meeting have sex; drove to restaurant and was arrested. Legal impossibility not a defense. U.S. v. Cherian, Unpublished Internet Internet chat room "Mom and Daughter 2422(b); 2423 (b) 58 Fed. Appx. 596 (5'" Cir. Sting Sex"; defendant initiated conversations 2003) with "mother of 13 yr-old"; over 13 months communicated with her relating Not Consummated sexually explicit details of sex experiences and preferences with the "13 yr-old"; arranged to meet "13 yr-old" for Showed up for meeting sex and arrested when he showed up. Conviction affirmed. U.S. v. Berger, Unpublished No No information. 2422(6) 119 Fed. Appx. 658 (5'h Information Pled guilty to 2422(6); appealed plea and Cir. 2005) sentence. Appeal dismissed. No Information 10 EFTA00079423 Ire. - . , .. _ 47- -• a _ U.S. v. Ixaorre, Unpublished No No information. Sentence restriction that 242204; 2423(6) 61 Fed. Appx 557 (5" Cir. Information prohibits defendant from "visiting any 2003) areas near schools, day-care centers..." after release from 105 imprisonment No Information affirmed. U.S. v. Armendariz, Internet Internet chat room"Lil Boys for Older 2422(b) 451 F.3d 352 (5th Cir. Sting Men"; 38 yr-old man entered & 2006) contacted minor "boy" through chat room describing sexual encounters he would like to have with the "boy"; Not Consummated claimed he would like to teach the "boy" how to perform sexually; later used phone to continue contact and arranged to meet for sex; arrested when he showed up for the meeting. Computer analysis showed that he had corresponded with at Showed up for meeting least 4-5 other actual minor males but had never attempted to have sex w/ them. Government contested failure to require supervision upon release after 60 month sentence; sentence vacated and remanded be court did not consider the guidelines in not requiring post release supervision. 11 EFTA00079424 ,..,, „, ,..._ .._: t 4f qu#T-- -41 14*Z PIVI : e.6 A6Sciiiitaret i, U.S. v. Wise, Internet Internet chat room; 38 yr-old from 2422(6); 447 F.3d 440 (5ih Cir. Texas established Internet contact with 2006) 13 yr-old; defendant lied about his age 2423(b) because he knew 13 yr-old was not interested in sexual relationship with Consummated someone his age; IM chats and telephone got more and more sexually explicit; defendant and 13 yr-old discussed talked sex acts they would perform together; defendant asked her to send explicit nude photos of herself; arranged to travel to meet for sex and recorded encounters; met on at least 3 separate occasions and performed sexual acts & took non-sexual & sexual photos. Contested 168 month sentence because of "grouping" in pre-sentence report. Affirmed. 12 EFTA00079425 - 4.1".4..,.„1 ?"; 2,m"Jeae Z - tri,z, jr, raTiit .. 2c., t , •'; 1/..,.... • at- - - ;,-ftw „ ",•46itk g -4.4:). ":141‘' , •- t : aght ‘• - ' exhitak.. • , _ ,•... 4.4,4,‘...-:; 6th Cir. U.S. v. Smith, Unpublished Internet Internet and telephone communications 2422(6); 2423(6); 20 Fed. Appx. 412 (6th Cir. between 42 yr-old an d16 yr-old girl; the 2252 2001) two met and had sexual relations; when the 16 yr-old tried to end the relationship, the defendant threatened and physically abused hergirl; police Consummated engage in undercover investigation. Challenged use of prior felony convictions to enhance sentencing to 150 months. Affirmed. U.S. v. First, Slip Copy Interne( Internet communications between 2422(b); Slip Copy, 2007 WL Not for sling defendant and"mother of under age 2423(b) 1700818 (66' Cir. 2007) Publication girls"; defendant expressed interest in having sex with "daughters"; arranged to 2241O; meet; arrested when he showed up after 2241e; attempting to escape and hit officer with I I 1 (assault of officer) his car. Pled guilty; contested 144 month & 10 yr. supervision sentence. Affirmed. Not Consummated Showed up for meeting 13 EFTA00079426 ,..4 afficat, ,,,,..7„.,.... 4 r"C',2 - "‘ ", AtAisiii-. •,ta. .7 a , 1*--ti.''" -- c >;;. ti ,, wciA7 ...4”,ceitr454.."3t2, -arm rtiowvi.0. - 1, , aitatv , • a U.S. v. Yokeley, Slip Copy Internet Internet chat room "moms want older 2422(h); 2423(b) Slip Copy, 2007 WL Not for Sting men for dau."; approached "mother of 12 1958627 (6ih Cir. 2007) Publication & 9 yr-olds" for sex with all three; graphic conversations with "12 yr-old" Not Consummated about having oral sex with her & getting her "9 yr-old" sister to participate; used telephone to finalize arrangements to Showed up for meeting meet for sex with "girls" & told them to get morning after pill because he did not want to use condom; wanted to be first sexual partner of the "12 yr-old"; arrested when he showed up. Pled guilty; contests 108 month sentence. Affirmed. U.S. v. Salazar, Unpublished No No information. Consolidation of 2 cases 2422(a) & (b); 185 Fed. Appx. 484 (6th Information same defendant - New Mexico & 2423(b); 2251(a) Cir. 2006) Michigan grand jury charges of 2422(a) & (b); 2423(6) & 2251. Pled guilty without reservation to No Information challenge constitutionality of PROTECT Act. Act found constitutional and conviction affirmed. 14 EFTA00079427 CO . ., .. URT CASES _ !a FACT/CO 4MMUNICATION CHARGE U.S. v. Fuller, Unpublished Internet Defendant engaged in Internet IM chats 77 Fed. Appx. 371 (6'h Cie 2422(6); 2252(a)(1); Sting with adult women which he continued 2003) (a)(4)(B) with telephone contact; women reported him to police because of his preoccupation with having sex with Not Consummated minors; police conducted Internet sting operation; defendant began IM & telephone communications with "14 yr- Showed up for meeting old" described explicit sexual acts, including mother/daughter sex; sent photos of women having sex with dog s; arranged a meeting with "14 yr-old" to have sex; arrested when he showed up. Challenged sentence of 135 months & 2 year supervision. Affirmed. U.S. v. Kiser, Unpublished Internet Internet chat room; 32 yr-old met 16 104 Fed. Appx. 479 (6th 2422(b) year-old; engaged in IM and telephone Cir. 2004) communications containing graphic descriptions of sexual desires & role Consummated playing; mother found daughter in mot el room with defendant and called police; this was appeal of the court's refusal to ask jurors during voir dire if they thou ght that a 16 year-old could seduce an adu lt. Court found no error. 15 EFTA00079428 : .. ,„ , ., , . . COVRT: - t CILITY 'FASTE/C OMMUNICATION . ° • 7, CHARGE U.S. v. Chriswell, Internet Internet chat room ' 11 Love Older 2422(6); 2423(b) 401 F.3d 459 (6ih Cir. Sting Men"; 52 yr-old met "14 yr-old" in chat 2005) room; engaged in at least 14 explicit sexual conversations; arranged to meet Not Consummated and arrested when he showed up. Appeals 2 level enhancement of sentence Showed up for meeting because undercover agent was not actual minor; court agreed with defendant and reversed and remanded. U.S. v. Hamm, Internet Internet chat room "I wanna do older 2422(b); 400 F.3d 336 (6th Cir. aim men"; 27 yr-old initiated conversation 2423(b) 2005) with "14 yr-old"; defendant expressed desire to have sexual relations with her & sent her money to buy a plane ticket in Not Consummated order to meet him for sexual activity. Arrested when he went to airport to pick her up. Showed up for meeting Pled guilty and challenged 33 month sentence because court failed to recognize its ability to depart downward from the guidelines; sentence vacated. 16 EFTA00079429 .. ,. " - • mr, tii.:,7 fft.SE)671":41-Z-:- Sit - 4‘. ,,. .1,-,i,„m:;$!,.7 et. 4.-.. 1,,-, 11;+:.,„„ ii 453 ....t far:ca.. IN, ' LC-L i 14 -: •?-.: ,...;eppE.4:::., Ig;t :40:1 P;.::, ,.; 41ACA,Cic.4 .,p.41: U.S. v. Payne, Unpublished Internet Internet chat room contact with "14 yr- 2422(h) 77 Fed. Appx. 772 (6i° Cir. Sting old"; defendant asked "14 yr-old" if she 2003) would perform oral sex on him and told her he wanted to touch her under her Not Consummated clothes; arranged to meet at a restaurant. Arrested when he showed up. Showed up for meeting Pled guilty but challenged sentence base offense level computation; court affirmed 24 month & 2 year supervision. U.S. v. McCall, Unpublished Jnternet Internet chat room; initiated 2422(b); 2243(a) 79 Fed. Appx. 795 (6'h Cir. Stine communication with "15 yr-old"; FBI 2003) took over and continued communications as "13 yr-old"; defendant indicated he Not Consummated wanted to engage in sexual intercourse with "13 yr-old" and arranged to meet; Showed up at meeting arrested at the meeting place. His computer revealed contact with at least 3 actual minors; charged with 2243(a)and 2422(b); pled guilty to 2423 in exchange for dropping 2422 charge; challenged court's failure to depart downward; appellate court dismissed for lack of jurisdiction because judge knew that she could depart downward. 17 EFTA00079430 , {nv ,..y..4 .,,p.th : I r . . 1~.9 iwic.# U.S. v. Bailey, Internet Defendant conta cted minor j"'T ' s throughSS -77 aks24.2-2.(b: 74;11-. 228 F.3d 637 (6th Cir. Internet; used graphic language 2000) describing how he wanted to perform oral sex on them and urged them to meet Not Consummated him; asked for photos of minors; admitted to trying to set up meetings for sex with other minors but said they never took place. Guilty of attempt to use the Internet to persuade, etc.. U.S. v. Coppedge, Unpublished Computer Pled guilty to using computer to entice a 2422(h) and 2423(b) 12 Fed. Appx. 270 (6" Cir. minor & 2423(b); challenged 57 month 2001) & 3 year supervision sentence. Affirmed. U.S. v. Champion, Internet Internet chat room; met 13 year-old in 2422(6); 2423(a); 248 F.3d 502 (6th Cir. (involves intemet chat room whiled pretending to 2251(a) and 2001) kidnapping) be 19 yrs-old; took her interstate; 2252A)(4)(B) sexually molested her over 3 day period and held her against her will. Pled guilty; challenged sentence Consummated/ Force enhancement as career offender and as violent crime; court affirmed sentence. 18 EFTA00079431 7.1/4 .n • W•Ar:•- - , N 4J 0e , m 3 ..t,rs fr"r. — ...— ,....n. 64:1174 h •t ',Ina Vi •, - '' -• 1 ''Srh, -2,,Ltic 11W I , i -,-Mbr iite ill I1A 4 ‘ r ar, ."--` il ' ..a.', • , , — z Unpublished No information presented. Challenged 2422(b); 2252A U.S. v. Vaunt's, application of special condition to his 3 8 Fed. Appx. 555 (6" Cir. year supervised release after serving his 2001) No Information 53 month sentence that he not possess a computer; court affirmed because defendant agreed to the condition at pre- sentence hearing. Unpublished In Wu et defendant setg up a meeting through the 2422(6); U.S. v. Humphrey, Sting Internet and traveled to engage in sex 2423(b) 146 Fed. Appx. 1 (6" Cir. with "7 & 12 yr-olds & their mother". 2005) Pled guilty. Challenged sentencing; court reversed sentencing because Not Consummated sentence was issued under a "pre- Booker" regime. Showed up for meeting 19 EFTA00079432 7 ')" .t; -:tha ...4 ....,.. +.4 +.0..., .." C V 51 1 " 1:' 'il...j. -N 1. 'g 0 LJ; . 540 :."<)" r; . - • 0';Urr -,•-O cAC 1' .>, :, 8 kdkir l 5PF etr : • f ,- e• - .... JL4 21 06.,:.7 Internet Internet chat room; British citizen met 2422(b) 71" Cir. U.S. v. Mallon, Sting "15 yr-old" in chat room; he repeatedly 345 F.3d 943 (7" Cir. attempted to entice her into having sex 2003) Not Consummated with him and boasted about another relationship with a "15 yr-old" in Florida; when "15 yr-old" finally agreed Showed up for meeting defendant flew from Belfast to Chicago for that purpose; arrested in hotel when he tried to hug & kiss the agent. Police found condoms; video camera set-up to film in hotel room; at defendant's home police found sexually graphic communications between defendant and other minors. Government challenged the judge's downward departure in sentencing based on defendant's heart condition and severely diminished capacity to make good judgments and deportable alien status; court vacated the sentence and remanded. 20 EFTA00079433 ...-•s,i . iu:Sc.t ".' i d" ‘: A' It. .21.— . c'‘ , "....410647.41, -"4, !..fl. 4. 0. „ : ' .. iz. . i.i Ah. Y R. it U.S. V. Veazey, Slip Copy Internet Internet chat room " 9SeXy HiGh — F.3d —, 2422(6); for Sting SchOol HoTTiEs*" ; 48 yr-old man 2007 WL 1892821 (7th Cir. communicated with "15 yr-old" by 2423(b) Publication 2007) Internet & later by telephone for months; very graphic sexually explicit Not Consummated conversations; defendant tried to teach "15 yr-old" how to seduce her friend; told her he wanted to have sex with her Showed up for meeting & her friend and wanted to take photos & make a movie; arranged to meet for sex; arrested when he showed up. Affirmed. 21 EFTA00079434 6 Jw_4.4 0,74 . ,. ,....a..a. A-:"Th. : ,:z.f• - •-va se-iis:.• 4,--at'i - _.,...aks. irsi9-.,w. .ferc, csEsfertheff,--„, — ,--,bli ♦ - itzit_ - ----- If ' — : -___:"."' l azu_ ; ,. ._ ,.:,, ,,tray„ ,yrr a."; LIZ - ,:cc,;;,..t ,-, *** U.S. v. Pisman, Internet 25 Internet chats between defendant and Conspiracy to travel ... 443 F.3d 912 (7th Cir. co-conspiratorPisman ; the two were 2423(b) and (e); 2006) involved in a sexual relationship & made Wilkerson with plans for defendant to travel to meet with 2422(6) co-conspirators & others to engage in ***Conspiracy charge*** sex; more than one of those were minor boys. Co-conspirator had been the one to contact the minors so he was charged ,- No Imormatio n with 2422(b), defendant was charged with conspiracy to travel under 2423(b). Jury acquitted defendant of conspiracy to travel but found him guilty of 2422(b) violation. Court remanded for resentencing because of court's downward departure in P's sentence. 22 EFTA00079435 .. k'',4 -.- • , . , U.S. v. Lovaas, Internet Email messages with "14 yr-old" boy 242204 & 2252(a)(1) 241 F.3d 900 (7th Cir. Sting asked for photos and sent photos of & (a)(4)(B) 2001) young boys engaging in sex & sent underwear; police obtained permission to search house from wife and found over Not Consummated 1800 images of minors engaging in sexual activity; defendant confessed to having had prior sexual contact with other minors. Pled guilty to 2252; offense level based on "pattern"; defendant challenged and requested downward departure because he volunteered info about other crimes; court affirmed. 23 EFTA00079436 442Int& i-44±4,, . -;;- i'' " i: :SA* . - ,.4.-,,-Iaat Sar i.. • , la. U.S. v. Shutic, Internet Internet chat room "Male for Barely 2422(b), 2243(a) and 274 F.3d 1123 (7'h Cir. Sting Legal Female"; initiated conversation 2252A(a)(1) 2001) with "14 yr-old"; over 6 month period sent over 51 images of people engaged in sexual intercourse & discussed plans to Not Consummated meet to engage in intercourse; defendant flew from his home in OH to IN but returned home when he saw unmarked Showed up for meeting police cars; defendant attempted to meet "14 yr-old" again but was arrested when he showed up; defendant had also made contact with another "minor" and had scheduled meeting for sex. Pled guilty but challenged his sentence based on court's refusal to group counts of child pornography claiming they involved the same primary victim — society. Affirmed. 24 EFTA00079437 ‘t.ThI ei:,.;7‘-''' ..,' ""•: - ' • .zr :: :; 1 :,,, ' 1r -'" ' 4-1 • it ... ,:crapc /k ia ::;;;;H-.. . kta *.* U.S. v. Angle, Internet Father discovered suspicious activity on 2252(a)(2), 234 F.3d 326 (7'h Cir. Sting son's computer and reported to the FBI; 2253(a)(4)(B); 2422(b) 2000) via sting operation defendant met "13 year-old" boy online; told boy he loved him & would take care of him; sexually Not Consummated explicit conversations; offered to give boy money & gifts in exchange for his address & phone number; in another sting by FBI, defendant ordered sexually explicit materials involving minors & advised to hold delivery because he was going to Mexico for 8 days "to play with the boys"; arrested when he came back from Mexico. Appealed his sentence and conviction; sentenced to325 months for 2252 and 120 months for 2422(b) & registration as sex offender; court affirmed but remanded for sentencing because he did not have notice regarding sex offender registration. Doe, el al. v. Smith, et al., Molestation of minor student by school 2422(b) 470 F.3d 331 (7ih Cir. dean. 2006) Consummated 25 EFTA00079438 . , .. 13ffi Cir. U.S. v. Rayl, Internet Internet chat room; "Pen-pal" email 2422(b); 2252(a); 270 F.3d 709 (8i6 Cir. contact initiated by defendant pretending 2252A(a)(l) and 2001) to be 15 year-old girl whose fattier was (a)(5)(B) teaching her to have sex; arranged to meet underaged victim in mall but defendant showed up instead & told Not victim that "15 year-old" could not make Consummated/Force to it; took victim to hotel, threatened her have victim pose for with knife, forced her to take clothes off naked photos and took photos; showed her photos of other young girls; continued to send increasingly hostile emails trying to get her to have sex; defendant appealed sufficiency of evidence, credibility of witness and also challenged government's introduction of pediatrician that photos were of under 18 yr-olds. Affirmed. 26 EFTA00079439 , .. 4, 0 Ts 4 + - U.S. v. Dickson, Unpublished Cr .. Internet Internet chat room; IM chats 149 Fed. Appx. 543 (8'h Sting between 2422(b) 47 yr-old man and "15 yr-old"; Cir,) exchanged addresses and defend ant asked "15 yr-old" to meet him in Not Consummated a hotel parking lot near his house; defend ant told her he wanted to make love to he r; when "15 yr-old" stated she had no experience defendant asked if he could tea ch her; arrested when he went to meet her at the hotel parking lot. - Appeals his conviction and 60 mo nth sentence. Affirmed. U.S. v. Little, Internet Internet chat room; IM chats du 485 F.3d 1210 (8th Cir. ring 2422(6) afillg which defendant arranged to hav 2007) e sex with minor; arrested when he showed up at the park. There was evidence Not Consummated that the defendant had previously attemp ted to engage in sex online conversation s with 12 & 13 yr-old girls prior to the Showed up for meeting sting operation that resulted in his arr est. The government contested his rele ase on bail for 60 days before his self-surr ender. Court vacated order and remand ed for issuance of a bench warrant. 27 EFTA00079440 Sti r yir frCt . ‘4 14ilfrem*, ' '''. X 4,- % t: M la it -1 '4. io- ‘ :: . A, 45-- " 'KK Y.7 `-'" - nist:, ikveCittr- c3. a ' if . 4: af ing -AR a3:?: U.S. v. Blazek, Internet Internet chat room "male-to-male"; 2422(b), 2423(b), 431 F.3d 1104 (8'h Cir. Sting conversations for 15 months; gave 2252(a)(2) and 2005) detailed description of how he would (A)(4)(b) give massage; graphic sexual conversations, discussed oral sex and suggested a 3-way with"15 yr-old's" Not Consummated friend; and arranged to meet for sex; arrested at meeting and computer search revealed child pornography. Appealed conviction & sentence claiming not Showed up for meeting actual minor and insufficient evidence. Affirmed because attempt charge does not require actual minor. 235 month sentence affirmed because enhancement applied to use of undercover "minor victim". 28 EFTA00079441 c FACILITY FACTS/COMMUNICATION CHARGE U.S. v. Naiden, Internet Internet chat room "IluvOlderMen"; 2422(b); 2423(6) 424 F.3d 718 (8' Cir. EtiIgi during chats defendant asked "14 year- 2005) old" for photos; asked if she was a virgin and if she would come to visit him where Not Consummated her "virginity would be over"; arranged to meet to have sex and told her they would many in a few years; repeatedly Showed up for meeting told her that was important to keep this a secret; he sent her money for ticket; arrested when he went to pick her up at the train station. Challenged lower court's refuseal to allow his friend to testify that he did not believe the victim was actually 14 yrs- old. Appellate court affirmed because even if it had been error not to allow testimony, which it was not, there was overwhelming evidence of his belief that she was 14 yrs-old. 29 EFTA00079442 -;"COHRT; C.ASES - C6:”14.111•47.Cia.:e. :finik 4 ;acIale.40,... - ,,, - ' FACILITY FACZS/COMMUNICATION CHARGE U.S. v. Hicks. Internet defendant initiated Internet conversation 457 F.3d 838 (8th Cir. 2422(b); 2423(b) Stine with "13 yr-old" followed by telephone 2006), overruled calls; stated he was interested in having Helder,452 F.3d 751 Not Consummated vaginal intercourse with old"minor & was willing"13 yr- to travel from FL to Kansas City; arrested when he arrived at airport. Government appeale Showed up for meeting d dismissal of indictment. Appellate court reversed because actual minor not required. U.S. v. D'Andrea, Internet Internet chat room and telephone 473 F.3d 859 (8ih Cir. ing St communications with "13 year-old"; 2422(b); 2252(6)(2) 2007) defendant made plans to travel for sex; did same with another undercover age Not Consummated nt; many times masturbated in from of webcam; arrested at meeting place. Police found nightgown, condoms, Showed up for meeting lubricant & camera, video & computer equipment; search warrant obtained for computer revealed many other similar "chats" and child pornography. Defendant challenged government enhancement for "uncharged conduct" including similar other sex chats & exchange of sexually explicit photos with 12, 17 and 14 year-old girls Appellate court affirmed sentence enhancement. 30 EFTA00079443 `.t,YttQUW /":. '• k-.:. :AS 15. e . Sf t':, . -i'4" :• • ,- . ri4Strek . ^ ... 4 .."0-CA,:b4a"ti:‘,,C TAPIWTY. 2 tte CINCOMMONICATIONt. ::* i, ' '4 <.;:...:. .CHARGEc .':,..; gi , 1PrWW:":, -".. :10,inKt•a;..•::- ...4::.t. 2.4.•4.-'? '' . 1:. .- ,t '"' U.S. v. Garate, Internet Internet chat room; met 12 year-old in 2422(b); 2423(b) 482 F.3d 1013 (8ih Cir. chat room; communicated via Internet & 2007) telephone; traveled to have sex and did; at time arrested lie was 20 & girl was 14; Consummated pled guilty to 2423(b) charge & government agreed to drop 2422(6) charge; received 30 month sentence. Government appealed. Reversed due to factors such as anguish caused parents (father had warned Garate several times to leave daughter alone when he found out about the communications). U.S v. Patten, Internet 2 Internet Chat room communications 2422(b); 2423(b) 397 F.3d 1100 (8th Cir. sling & I telephone conversation, explicit 2005) sexual conversations; arranged to meet; arrested at meeting place. Not Consurnmated 15 month sentence and sufficiency of evidence challenged on appeal. Showed up for meeting Affirmed. 31 EFTA00079444 .,,15--T,•4”flot ic.,;(,?„, :-: a •.,..ir,:,,t1-:.‘,,,. „.. .:,. . . a FACILITY FACTS/COMMUNICATION ' CHARGE a l tiera V. aka% U.S. v. Leach, Internet Internet chat room conversations with 2422(b); 2423(b); 2007 U.S. App. LEXIS Sting "14 year-old"; arranged to meet for sex; 2253 (criminal 14832 (8ih Cir. 2007) arrested at airport. forfeiture) Pled guilty to 2422(b) in exchange for government dropping 2423(b) & Not Consummated criminal forfeiture charges; had pled guilty to attempted aggravated criminal sodomy of a 13 year-old he had met in a chat room but had not yet been Showed up for meeting sentenced; trial court declined to apply enhancement based on state court case because sentencing had not occurred yet, enhancement would have resulted in 168-210 month sentence; defendant received 72 month sentence; government appealed. Appellate court vacated sentence and remanded for resentencing. 32 EFTA00079445 CASES FACT I A TY FACTS/COMMUNICATION CHARGE COURT Child 12 year-old male told police that 2251(a) & (c); U.S. v. Gleich, Pornography defendant had photographed him in 2252(aX2) & (b)(1); 397 F.3d 608 (8th Cir. sexually explicit poses and had shown 2007) 2252(aX4)(B); him photos of other children; police got a warrant & discovered 3 computers with 2422(b) child pornography unrelated to the offense investigation. Consummated on porn Pled guilty to 2252(aX2); sentence was charges - no info on enhanced under "pattern of activity 2422(6) involving sexual abuse"; defendant contested introduction of evidence & use of enhancement. Appellate court denied motion to suppress but vacated sentence because no "pattern" (transmitting photo of buttocks of child over the Internet was not separate sexual abuse). 33 EFTA00079446 i- r, ' •-;:i iliac i' t 'I gc.... ..i.c... evir,144,g: riv sw$74 it;')-41. ix t Ttt-•:4-..1***-:: , • - ;gt.f., e rt'Xi4: ILA 9th Cir. - U.S. v. Curtin, "-n .:,ra Internet Internet chat room; explicit 2007 U.S. App. LEXIS Sting sexual 2422(b); 2423(b) conversations for 4 hours; exc 12110 hanged photos; defendant arranged to me (9th Cir. 2007) et for sex with "14 year-old". Not Consummated Defendant claimed that he did not believe that he was meeting a "14 yr- Showed up for meeting old"; he contested the governm ent's introduction of 140 stories of sexual activity by minors on his PDA to prove his intent. Affirmed. U.S. v. Meek, Internet Internet chat room contact of 366 F.3d 705 (9ih Cir. Sting 14 yr-old 2422(b); 2423(b) male; had sex with 14 yr-old 2004) & posted naked photos of boy on the Intern et; police took over boy's Internet account and were approached by defend ant Not Consummated claiming he was still intereste d in "hooking up"; continued to see k sexual encounter with "boy' over next Showed up for meeting month discussing in graphic details sex ual acts he hoped to perform on the boy ; arranged to meet for sex & arrested when he did. Pled guilty to 2422(b) and challen ged legality of search of his comput er & alleged no violation because no "actual" minor. Conviction affirmed. 34 EFTA00079447 491 ' : "5-r , r . its 1.1J ..ritt :S 1 la: • pg.! Wtio”1 itar . 6.' 1 /4 c'... .. . ;1 * vP .4 ..- ' r" -. . :Y At . ,., ite•R• .:1S ."' W t. ...V; ..0 . U.S. v. Jahner, On= 'is 1 .. Unpublished No No information available but cas 72 Fed. Appx. 665 (9`h Cir. Information e 2422(6); 2423(b) implicates that Internet was inv 2003) olved; defendant pled guilty to 2422(b) & 2423(6) and stipulated that he had No Information sent photos of himself masturbating to someone he believed to be a mi nor; challenged introduction of the photos as prejudicial. Affirmed. U.S. v O'Brien, Unpublished Internet Internet chat room; initiated 27 Fed. Appx. 882 (9'h Cir. lung sexual 2422(b); 2423(h) conversations with minor; tried 2001) to entice "girl" to visit; paid for ticket for her to visit & live with him; admitte Not Consummated d to her that he had visited "Girls and Older Guys" Internet chat room and chatted with other teenage girls. Showed up for meeting Claimed entrapment. Convictio n affirmed. U.S. v. Kozlowski, Unpublished No No information available. 2007 U.S. App. LEXIS Information 2422(b); 2423(b) 9489 (9ih Cir. 2007) Anders Brief appeal of senten ce of 60 No Information - months; denied. 35 EFTA00079448 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE M. .. United States v. Messano, Unpublished jnternet Defendant developed relationship over a 2422(b); 2423(h) 114 Fed. Appx. 785 (9th Su28 period of several months on the Internet Cir. 2004) with "13-year-old"; discussed sexually explicit activity; arranged to meet for Not Consummated sex; arrested when he showed up. Appellate court affirmed conviction; Showed up at meeting later sentence vacated and remanded in Messano, 2005 U.S. LEXIS 19341 (9th Cir. 2005) for resentencing in keeping with Booker. U.S. v. Messano, Unpublished Affirmed conviction in earlier case but 2005 U.S. App. LEXIS remanded regarding resentencing 19341 (91h Cir. 2005); because court applied sentencing guidelines as optional. U.S. v. Tashbook, Unpublished Internet Defendant placed ads on Internet for his 2422(b); 2423(6); 144 Fed. Appx. 610 (9ih "production" company; communicated 2251(a); 2252(a)(2) Cir. 2005) with victims by email and telephone; rented a hotel room and took photos of victim; coerced victim to engage in non- Consummated/Force consensual explicit sex for purposes of taking photographs. Sentenced to 60 years. Conviction and sentence affirmed. 36 EFTA00079449 4. - St LIT , -;g!"1:tars.RA:i-L .• , ,.. _, . . Enlint CQ 1 1' IC ': ,,•,`• .„ clIARGE 7 „I 1 1 . PPit::4 %;•i“4 tr:- .W4N;)1);' .14...-:', ' tv: l: -:. U.S. v. Jenkins, Unpublished No No information available. Pled guilty to 2422(h); 2423(6) 163 Fed. Appx. 578 (9'h Information 2422(b) and 2423(b). Appealed 46 No Information Cir. 2006) month sentence. Remanded for further proceedings. U.S. v. Ayoub, Unpublished No No information available but grounds for 2422(b); 2423(h) 177 Fed. Appx. 765 (9th Information appeal imply Internet Sting; defendant No Information Cir. 2006) claimed entrapment and that he did not believe he was dealing with a minor. Conviction affirmed. U.S. v. Shahin, Unpublished Internet No specific facts available; defendant 2422(b) 179 Fed. Appx. 420 (9th SOlLgt corresponded with undercover agent. Cir. 2006) Appealed conviction claiming legal impossibility and not real minor. Not Consummated Conviction affirmed. US. v. Weir, Unpublished No No information available. 210 month 2422(b); 2251(a) & 52 Fed. Appx. 423 (9°' Cir. Information sentence affirmed. (d); 2256; 2002) 2252(a)(5)(B) No Information U.S. v. Grenman, Not for No No information available. Appeal of 2422(b) Slip Copy, 2007 WL Publication Information sentence. Affirmed in part, vacated in No Information 841093 (9ih Cir. 2007) part and remanded. U.S. v. Strater, Unpublished Internet Internet chat room; no specific facts 2422(b); 2423(6) 150 Fed. Appx. 610 (914 Stills' available. Defendant claimed Cir. 2005) entrapment. Conviction affirmed. Not Consummated 37 EFTA00079450 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE U.S. v. Schnepper, Unpublished Internet Internet chat room; evidence clear 161 Fed. Appx. 678 (9' Sting 2422(b); 2423(b) defendant believed he was Cir. 2006) communicating with "minor"; attempted to entice her to fly to Hawaii to have sex; Not Consummated defendant claimed entrapment. Affirmed. U.S. v. Nicely, Unpublished No information available but implication 172 Fed. Appx. 713 (9th 2422(6) is that Internet used. Cir. 2006) Defendant convicted of 2422(b); contested supervised release which No Information prohibited use of computer. U.S. v. Curtin, Internet See 2007 U.S. App. LEXIS 12110 (9th 443 F.3d 1084 (9th Cir. .5th-is Cir. 2007) supra. 2006) U.S. v. Anderson, Unpublished Internet Online chat, no specific information 2007 U.S. App. LEXIS 2422(6) available; conviction affirmed. 11856 (9th Cir. 2007) No Information U.S. v. Dhingra, Internet AOL 1M chats with 14 yr-old girl; . 371 F.3d 557 (9i° Cir. 2422(b) sexually explicit conversations; 2004) defendant persisted in trying to arrange to meet for sex; met for sex & defendant Consummated/Force forced 14 yr-old to have sex with him. Defendant challenged constitutionality of 2422(6). Conviction affirmed. 38 EFTA00079451 COURT : cASES I I FACILITY FACTS/COMMUNICATION 7CHAI2GE U.S. v. Vail, Unpublished Internet No specific information, other than sting, 242 101 Fed. Appx. 190 (9th Sting 2(b); 2423(h) available. Defendant appealed conviction Cir. 2004) & sentence because no "actual" minor was involved. Conviction affirmed but Not Consummated sentence vacated because court should have used downward departure. 10'" Cir. U.S. v. Pearl, Internet Internet chat room; conversations, 324 F.3d 1210 (10ih Cir. 2252A; 2422(b); filing email & telephone with "12 yr-old"; 2003) 2423 attempted to arrange to have sex from first encounter; sent photos of child porn ; email followed by letters with Not Consummated undercover agent pretending to be "12 yr-old's" uncle wanting to molest her; Showed up for meeting defendant arrested when he showed up for meeting with "uncle". Vacated as to 2252A counts due to erro r in jury instructions but affirmed as to 2423 & 2422(b). 39 EFTA00079452 :F... 9b0 t14 -,• 401 Wwl-s-6 -'4-% ""1:4"1,t..., a. . 1- - " yfilliga Ue r U.S. V. Munro, Internet Internet chat room communication with 394 F.3d 865 (10th Cir. Sting 2422(b) "13 yr-old"; told her he wanted to hav 2005) e oral sex with her; asked if she would like to make a "movie" together; arranged to Not Consummated meet at elementary school — told her to wear something sexy; arrested at the school. Showed up for meeting Contested sentence enhancement for "violent" crime; court affirmed because risk in sexual abuse of minor is enough to support enhancement; PROTECT Act is constitutional. U.S. v. Sims, interne( Internet chat room; private citizen had 428 F.3d 945 (10th Cir. 5._tkgi 2422(b); 2423(6); assumed profile of "16 & 12 yr-old" as 2005) a 2252(a)(I) gag; received sexually explicit communications for 5 months from defendant as well as photos and sexuall Not Consummated y explicit images of defendant with othe r children; defendant arrested when he traveled to meet; Showed up for meeting Convicted; sentenced to 37 months & $10,000 fine; court affirmed conviction but vacated sentence because trial cou rt erred by using downward departure of 9 levels. 40 EFTA00079453 ,./..,0'errirts? .1. ;t•L',2 0.. , ** •"; • tt. U.S. v. Thomas, Internet Internet chat room; several online chats 2422(b) 410 F.3d 1235 (1016 Cir. Sin with undercover agent; arranged to meet 2005) but did not show; six months later online in chat room again but using different Not Consummated name; showed up for meeting with his 2 children in the back seat; found porno Showed up for meeting film playing on his computer and but just drove around transcript of the online chat. and attempted to leave First trial resulted in hung jury; but later charged by superseding indictment & sentenced to 70 months imprisonment and 5 years supervision; challenged constitutionality of 2422(b) & sentencing. Affirmed. U.S. v. Davis, Internet Internet chat room communications 2422(b) 165 Fed. Appx. 586 (10th Sling with "13 yr-old"; explicit sexual Cir. 2006) conversations; agreed to meet and arrested at meeting place. Not Consummated Found guilty by jury; challenged that "actual" minor was necessary for 2422 Showed up for meeting violation. Appellate court denied his request for Certificate of Appealability & dismissal. 41 EFTA00079454 [_CM:RT CASES rFACILITII FACTS/COMMUNICATION ] CHARGE U.S. v. Hanes, Internet No information other than use of intemet 2422(6); 2252A 371 F.3d 1208 (10° Cir. available. 2004) No Information Pled guilty to 2422(b) & 2252A; sentenced to 51 months & 2 years supervision; challenged conviction based on Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (2002) finding parts of Child Protection Act unconstitutional; claimed ineffective counsel. Affirmed. U.S. v. Johnson, Internet Internet chat room; defendant met on 2422(b); 2423(6); l83 F.3d 1175 (101h Cir. leading to & communicated via Internet & 2252; 2253 1999) telephone with underage male; sent items aikgi through mail; arranged to meet and had Operation sex; victim cooperated with authorities Consummated and telephoned defendant; calls monitored; computer search revealed pornographic photos of 16 or under. Defendant entered one plea agreement for 2 cases but challenged sentence enhancement- sentence 27 months & 3 years supervision & $2,875.87 restitution affirmed. 42 EFTA00079455 :4'"' '71,; r'''')' 5 ,1 / 21.;,. , /12,.. 7 . . . re' .. t1/2. . C /12 . c ... ' . /1 2 '.- 4.iA45 4.S1/24- U.S. v. Byrne, ' Internet Internet chat room; met mi I 171 F.3d 1231 (10th Cir. nor; 2422(b); 2423(b) arranged to meet for sex; 1999) had sex. Sentence of 21 months & 3 year supervision affirmed. Consummated U.S. v. Wales, Unpublished Internet 127 Fed. Appx. 424 (10th Internet chat room; sexu Sting ally explicit 2422(b); 2451(a) & (b) communications; defenda Cir. 2005) nt already on probation for sexual assault ; when arrested he pled guilty bu Not Consummated t said he never showed up for any of the meetings he set up; just masturbated. Found guilty of attempt at bench trial and sentenced to 180 month s & 3 year supervision. U.S. v. Brown, Internet Internet chat room comm 126 Fed. Appx. 448 (10th Sting unications 2422(b) Cir. 2005) with "13 yr-old"; arrange d to meet for sexual encounter; arrested when he went to meet "underage girl". Not Consummated Challenged introduction of Internet conversations as prejudic ial. Appellate Showed up for meeting court affirmed — probative value outweighed prejudicial; se ntenced 46 months & 3 years supervisio n & $500 fine. 43 EFTA00079456 ., COURT . 'C ES : i F - .• : FACTS COMMUNIC TION - U.S. v. Williams, Unpublished Prostitution/ Defendant was a pimp who beat and 2422(b); and 5 220 Fed. Appx. 851 (10t h Force raped his prostitutes — some as young as others unnamed Cir. 2007) 13 yrs-old; he threatened them and their children. Consummated/Force Pled guilty to 2422(b) so that government would dismiss 6-count indictment for one single charge. Sentenced as a career offender. Appealed his sentence. Court dismissed appeal and enforced his waiver of his right to appeal. 44 EFTA00079457 ;$....iA cf.. s. ' -,., -,s.v,:e isttif:ot F 2.‘" -ci 'i 9":4 :'''' '"4,1 - '. -Etnry...u.s _ ems •wr ar . l'n-, r tr.S. '‘.e.._,....,t4's"- :‘-11; e. lit .i. " t''st v. Phillips, Unpublished No No specific information available other 2422(b) and 2 discussion of than the fact that the case involved a 165 Fed. Appx. 677 (10ih Cir. 2006) facility but pimp whose telephone conversations appears to be with underage prostitutes and cell phone Consummated/Force/Pi phone records were obtained mp Pled guilty to one count of 2422(b); court found facts regarding defendant's use of violence, involvement in prostitution, exertion of undue influence on a minor, his role as a leader in a criminal enterprise and his criminal history; sentenced to 125 months; challenged Booker error in sentencing. Appellate court affirmed, error harmless because it would provide same sentence even if Sentencing Guidelines were found unconstitutional. 45 EFTA00079458 49 1- 2": • ' 1:?i•-li r Q. eit' -- ...,!, - .1•••:: 53 Ala • ..n ca,:elfS SaitiMc iia,:fa -.4-31.42.xnw,w,Ii , 2, ,t4V-,,r;•4•6 ..a,,,,e,„44.,; w::e,,,,, U.S. v. Crayon, Unpublished Internet Internet chat room communications 143 Fed. Appx. 77 (10th 2422(b) Sting with "14 yr-old"; described graphic Cir. 2005) sexual activity; and sent sexual photo; masturbated in front of webcam; offered Not Consummated to teach "14 yr-old" about sex & to buy her a ticket to come meet him; arrested at meeting place. Showed up for meeting Pled guilty; court enhanced sentence because of use of computer & "victim" under 16 & down for accepting responsibility; sentenced to 108 months. Appellate court affirmed sentence because actual under age victim not required for attempt. 46 EFTA00079459 2.„. sl.s.w 4 ... ' el.. •• ••. ,,‘ IT lc: • .- i - • '1O • • • '" P m. ,.• ,-... Y Stiisz< 111h Or. U.S. v. Morton. Internet Internet chat room "I love older men"; 2252A; 2422(b) 364 F.3d 1300 (11" Cir. Sting communication followed by telephone 2004) calls to several "victims"; sent and requested sexually explicit photos over Not Consummated the Internet; told "victims" he wanted to have sex. Pled guilty; issue of first impression for II' Circuit as to whether enhancement for "pattern" of abuse involving minor could be applied if no actual minor but instead undercover agent. Appellate court affirmed enhancement because pattern of activity used minor interchangeably with victim. U.S. v. Manley, Slip Copy Internet Internet chat room communications 2422(b); 2252A(a)(1) Slip Copy, 2007 WL Not for Sting between father of 12 yr-old boy and & (a)(2)(A) 1379982 (l I th Cir. 2007) Publication "mother of I2 yr-old girl"; several chats; expressed desire to engage in sex with "12 yr-old" daughter; told "mother" she Not Consummated could have sex with his 12 yr-old son; arranged to meet for sex & arrested when he showed up. Police found laptop; Showed up for meeting items for sexual activity & 401 photos of child porn — some of which depicted his son. Pled guilty to child porn. Appealed 360 _ months sentence. Affirmed. 47 EFTA00079460 --- • cv:. . 4 .. - , ,.... ',7 Si t !... :4,t, • :' ' ': 45e2 _ . :-. 7.. U.S. v. Evans, Prostitution 14 yr-old worked for defendant (& 2 co- 1591; 2422(6) 476 F.3d 1176 (I l th Cir. Ring defendants) as prostitute; he was pimp & 2007) arranged date for her; notified her of "dates" on her cell phone; he provided condoms manufactured overseas & Consummated imported into Ga.; she was hospitalized with AIDS; he called her from land line & induced her to return to work for him as a prostitute. Challenged application of federal statute to purely local activity. Court affirmed. U.S. v. Strevell, Unpublished Foreign Several telephone conversations 2422(b); 2423(b); 185 Fed. Appx. 841 (I I th Travel Sting arranging for travel to Costa Rica for sex 159I(a); 1594(a) Cir. 2006) with "14 yr-old"; paid for travel; arrested at airport. Not Consummated Showed up for travel U.S. v. Roberts, Unpublished Foreign Defendant responded to ad for sex travel 2422(6); 2594(a) 174 Fed. Appx. 475 (11th Travel Sting to Costa Rica; negotiated & paid for trip Cir. 2006) to have sex in Costa Rica with 16 yr-old but cancelled; arranged instead to meet Not Consummated girls in US; arrested when he showed up. Showed up for meeting 48 EFTA00079461 VAT 4 • *-- - ' ' ''; - . iltlIitakt . - ..... . M -2 ft; IgeffAIKOE:% lar ASc. :4.etfa.1. i' .I Aa.:1 Z' U.S. v. Clarke, Unpublished Foreign No specific information available but 159 Fed. Appx. 128 (111h Travel 2422(6); 2423(c); implication is that this is a sex tourism Cir. 2005) 1591(a); 1594(a) Sting case. Not Consummated? Alleges entrapment;Conviction affirmed. U.S., Clerk v. Yost, Internet Internet chat room conversations with 479 F.3d 815 (11 i6 Cir. 3 2422(b) Sting different "girls" — all same undercover 2007) agent— in chat room; sexually explicit discussions; arranged to meet for oral sex Not Consummated with one "girl" but no show; arranged to meet with another & arrested when he showed up to meet her. Showed up for meeting Conviction affirmed. U.S. v. Bolen, Unpublished Internet Internet chat room "sex with younger"; 136 Fed. Appx. 325 (11'h Sting 2422(b) conversations with "25 yr-old mother of Cir. 2005) 3 yr-old"; communications over several days; used telephone to finalize plans to Not Consummated meet. Contested conviction & 110 month sentence on grounds that 2422(6) did not apply when used intermediary to arrange for sex & did not apply, to sex with fictitious infant. Conviction affirmed; sentence appeal dismissed due to waiver of right to appeal. 49 EFTA00079462 COURT CASES FACILITy FACTS/COMMUNICATION CHARGE U.S. v. Searcy. Internet Internet chat room; defendant's screen 2422(14 418 F.3d 1193 (11th Cir. Sting name was "Obesseddadl I"; informed 2005) undercover agent that he was member of father-daughter swap club; talked on Not Consummated telephone & arranged face-to-face meeting with agent; at meeting told agent he wanted to arrange to have sex with Showed up for meeting agent's daughter & agent could have sex with defendant's children; arrested at meeting. Challenged conviction & upward enhancement of his sentence for crime of _ violence. Affirmed. 50 EFTA00079463 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE . .. 1.1 S. v Murrell, Internet Internet chat rooms "family love" & 2422(h) 368 F.3d 1283 (I l'h Cir. Stine "Rent F Vry Yng"; communicated with 2004) same agent who pretended to be "mother of 13 yr-old" & "farther of teen girl"; Not Consummated defendant expressed interest in meeting "mother & daughter" for sex; asked Showed up for meeting "father" if he was renting a daughter; continued conversations online & via telephone with "father" and arranged to meet to have oral sex & intercourse with "daughter"; agreed to pay $300; showed up at hotel & paid the money to agent; arrested on the way to hotel room to meet "girl". Appealed indictment because never directly communicated with minor & sentencing enhancement to 33 months & 3 yrs supervision. Affirmed. "US. v. Pipkins, et at, Prostitution Pimps ran prostitution ring using under 2422(b); 1951; 378 F.3d 1281 (11th Cir. age girls; in total 15 pimps were arrested I 952(a)(3); 1584; 1028 2004) & 13 pled guilty. & 21 USC 859 Defendants found guilty of conspiracy in **Conspiracy 1962(d) violation of 1962(d); One defendant set RICO **Conspiracy 1962(d) up website for "escort service". RICO One defendant sentenced to 40 yrs; other to 30 yrs. Affirmed. 51 EFTA00079464 49URT CASES FACILITY FACTS/COMMUNICATION CHARGE **U.S. v. Hornaday, Internet Internet chat room "Loving Families" 2422(b); 18 USC 392 F.3d 1306 (111h Cir. Sting where people communicate about having 2 2004) sex with children; undercover entered as "father of son & daughter"; defendant contacted agent & said he was bisexual Not Consummated ***Conspiracy charge looking for "loving family" & that he was error but it was had had prior family relations & wanted — harmless ***conspi racy charge more; explicit discussion about having was harmless error sex with children; telephoned & arranged to meet; arrested when he showed up. Appealed guilty verdict. Appellate court rejected argument that he did not use the Internet to communicate directly with minor and held that conspiracy charge was error, albeit harmless, because did not abet undercover agent but that error too was harmless given the facts of the case. U.S. v. Bohannon, Internet Internet chat room "I love older men"; 2422(b) 476 F.3d 1246 (11'h Cir. 5jtgi defendant initiated communications with 2007) "15 yr-old"; arranged to meet to have oral & genital sex; arrested when he Not Consummated showed up. Appealed 120 month sentence. Showed up for meeting Affirmed. 52 EFTA00079465 O ia irolafi t. FACILITY FACTS/COMMUNICATION ClLARGE U.S. v. Grossman, Unpublished Internet Internet chat room "preteen, baby and 2422(b); 2241(c) 2007 U.S. App. LEXIS Stine toddler sex"; initiated communications 12500 (11th Cir. 2007) with "31 yr-old mother of 9 yr-old"; expressed desire to meet for sex with Not Consummated child; arranged to meet both "mother & daughter" for sex; arrested when he arrived. Conviction affirmed. Showed up for meeting U.S. v. Watson, Unpublished No No information available. 2422(b); 179 Fed. Appx. 663 a P h Information Convicted of 2422(b) and 2252A(a)(2)(A) Cir. 2006) 2252A(a)(2)(A); appealed enhancement No Information of his sentence for over 600 images of child porn. Affirmed. U.S. v. Houston, Unpublished Internet Internet chat room communications 2422(b) 177 Fed. Appx. 57 (11th Sting with "mother of 14 yr-old girl"; arranged Cir. 2006) meeting with the girl to have sex with her; arrested at meeting place. Not Consummated Contested 5 yr sentence. Affirmed. Showed up for meeting 53 EFTA00079466 COURT CASES FACILITY FACTS/CONIN1UNICATION CIIAliCE U.S. v. Haynes, Unpublished Internet Internet chat room "Young Teens for 2422(b) Stint, Older Men"; 39 yr-old initiated chat with 160 Fed. Appx. 940 (11th "14 yr-old"; sexually explicit details as Cir. 2005) Not Consummated to how he would like to "lick her from head to toe"; arranged to meet & suggested they have Chinese dinner & movie; arrested at meeting place; police found loaded gun; 92 rounds of Showed up for meeting ammunition; condoms & Chinese restaurant menu in his car. Sentenced to 78 months. Conviction affirmed; sentence vacated & remanded because of Booker error. U.S. v. Rojas, Unpublished Internet No specific information available but 2422(b) Sting implication is that this was intemet 145 Fed. Appx. 647 (11th communication with "13 yr-old" for oral Cir. 2005) Not Consummated sex. Challenged 2422(b) constitutionality. Conviction affirmed. 54 EFTA00079467 2YRT CASES MCI LITY FA C:TS/COM 1\1 UNICAT ION ClIARGE U.S. v. Scott, Internet Internet chat room for parents of young 2422(b); 2423(b); 426 F.3d 1324 (11ih Cir. Sting children to arrange for them to have sex 2241(c) 2005) with others; agent pretending to be "father of 6 yr-old boy & 4 yr-old girl" approached by defendant interested in Not Consummated having sex with the children; arranged to meet & told agent he would bring "gifts" Showed up for meeting like stuffed animals to gain the children's cooperation; arrested when he showed up at meeting place. Police found stuffed animals, chains, whips, knives, restraints & other sexual paraphernalia in his car. Pled guilty but contested his 135 month sentence. Court affirmed sentence. 55 EFTA00079468 COURT CASES FAqtrry FAC:TS/COMMUNICATION CIIARGL U.S. v. Bias, Internet 48 yr-old initiated Internet 2422(b); 360 F.3d 1268 (11th Cir. communications with 14 yr-old; lied 2423(b) 2004) about his age at the beginning; over a period of several months defendant told 14 yr-old he was 47 yrs-old & that she was his girlfriend; told her he wanted to Consummated "make L-U-V" to her; arranged to meet for sex and did meet & have sex; defendant knew that he was HIV+ but did not tell her; 6 months later he met another 14 yr-old online; discussed sex & their relationship for hours; told her of his HIV status but said she could not catch it because of the medication he was taking; planned to visit her to have sex but he was arrested before. Pled guilty but contested sentence of 180 months & 70 months concurrent, $15,000 fine, $86 restitution & $300 special assessment. Affirmed. 56 EFTA00079469 • f ay w FACH.ITY FAC:TS/COMNIUNICATION CHARGE U.S. v. Orrega, Internet Internet chat room; defendant said he 2422(6) 363 F.3d 1093 (11'" Or. to was 24 yrs-old & began communication 2004) with "16 yr-old"; told her he wanted to meet to have sex but meeting never took Not Consummated place; few weeks later defendant again contacted "16 yr-old" & arranged to meet to have oral sex; arrested at meeting Showed up at meeting place. Court vacated & remanded because downward departure not warranted.. U.S. v. Panfil, Interne( Internet chat room communications 2422(b) 338 F.3d 1299 (11'h Cir. Sting with "13 yr-old"; sexually explicit; told 2003) her he would give her powerful orgasms with oral sex; arranged to meet for sex; Not Consummated arrested at meeting place. Challenged constitutionality of 2422(b) Showed up for meeting & his sentence. Court affirmed both conviction & sentence. U.S. v. Miranda, Internet Internet chat room; conversations 2422(6) 348 F.3d 1322 (11' Cir. Sting about having sex with "13 yr-old"; 2003) arranged to meet for sex; arrested at meeting place Not Consummated Government appealed sentence. Vacated & remanded. Showed up for meeting 57 EFTA00079470 CASES FACILITY FACTS/COMMUNICATION CHARGE FCOllitcl _. _. 11 Internet Internet chat room "1 Love Older 2422(6); 2423(b); U.S. v. Root, Sting Men"; defendant engaged in explicit 2243 296 F.3d 1222 (11'h Cir. sexual conversation with "13 yr-old 2002) student" describing sexual acts that he Not Consummated wanted to perform with her & have her perform on him; arranged to meet for sex and arrested when he showed up. Showed up for meeting Conviction & sentence affirmed; no need for actual minor. Internet Internet chat room "barely legal 2422(b); 2423(b) U.S. v. Burgess, Sting females"; sexually explicit 175 F.3d 1261 (11'h Cir. conversations; arranged to meet & 1999) by private arrested when he showed up. Not Consummated citizen Appealed conviction. Conviction reversed because court failed to give Showed up for meeting cautionary jury instruction about defendant's failure to testify. 58 EFTA00079471 .7- • :7 . w., -.7 • et x 75Pei.-7 y':5:4:::•*. : 4,-,4' ?*-LY- " WE; t c . l' Pic alienpt ,t.i. ''',`*, i' : , . y • • , tt ;41 Z,. , - ...r. .•ii.. ti:114 'JEW — %,.. - e -.7 .'.?4r.").7 1. U.S. 1,. Garrett, Internet Internet chat room as part of police 2422(b); 2252(a)(2); 190 F.3d 1220 (11'h Cir. Sting investigation of child porn; defendant 2252(a)(1) 1999) contacted "15 yr-old girl"; for 2 months talked about sexual acts they would perform; sent photos of young children Not Consummated having sex and asked if she would perform those acts with him; gave his phone number & arranged to meet but could not make it. Search warrant obtained & police found child porn on his computer. Appealed sentence because expert testified that acts depicted in photos would cause pain. Affirmed. U.S. v. Tillman, Internet Internet communications with "14 yr- 2422(b); 2252(a)(I) 195 F.3d 640 (I l'h Cir. awl, old"; defendant attempted to persuade 1999) her to meet him in motel to engage in various sexual acts; sent 3 photos of Not Consummated sexually explicit conduct over Internet. Pled guilty but contested 87 month sentence because court did not group offences. Court said primary victim of porn is person depicted so 3 separate counts of porn. 59 EFTA00079472 e ' m:4 ,-2 .,... . gggitii i-4aN. .,j. , : SeAa( ;17 : -: 1 :rW . :741f . # 'W fi 0 IS. ,, .. b6; '131 4Stalit VittilbtfrSlic: "M U.S. v. Rader, Unpublished Internet Internet conversations with undercover 2422(b); 2252(a)(1) 2007 U.S. App. LEXIS Sting agent; sent videos of adults having sex 12791 (11th Cir. 2007) with 2-4 yr-olds. Not Consummated Pled guilty but appealed 151 month sentence & S15,000 fine. Affirmed. U.S. v. Hass, Unpublished No No information available. 2422(b); 2241(c); 192 Fed. Appx. 867 (11'h Information 2252 Appealed 260 month sentence. Affirmed. Cir. 2006) No Information U.S. v. Thrift, Unpublished No No information available. 2422(b); 2423(b); 205 Fed. Appx. 816 (11'h Information Appealed sentencing. Court affirmed 922(g)(1) & (2) Cir. 2006) sentencing except the lifetime No Information supervision for possession of firearm. M.D. Fla. U.S. v. Sterba, Interne( Internet chat room. No specific details 2422(b) 22 F. Supp. 2d 1333 (M.D. Sting available. Fla. 1998) Indictment dismissed because of Not Consummated prosecutorial misconduct. 60 EFTA00079473 COURT CASES EACH ITV FACTS/COMNIUNICATION CHARGE S.D. Fla. U.S. v. McDaniel, (Villafana Internet 19 yr-old contacted 12 yr-old & 2422(b); 470 F. Supp. 2d 1372 (S.D. case) communicated for 18 months; believed 2423(b) Fla. 2007) to be in love; traveled to meet girl who was 14 yrs-old by then and had sex; parents helped police find them at a Consummated hotel. Government introduced evidence that 2 other underage girls had had relations with defendant. Pled guilty. Court wrote opinion to explain reasons for its departure from guidelines. U.S. v. Simo, Slip Copy No No information available. 2422(6) Slip Copy, 2007 WL Information Report and recommendation that guilty No Information 1655399 (S.D. Ha. 2007) plea be accepted. 61 EFTA00079474 FCOURT CASES FACILITY. . SFACTS/COMMUNICATION CHARGE S.D.N.Y. U.S. v. McDarrah, Internet FBI posted an ad on Craigslist 2422(b) Sting advertising young girls for sex; 2006 U.S. Dist. LEXIS 48269 (S.D.N.Y. 2006); defendant responded & offered money for oral sex with 13 yr-old but did not Not Consummated U.S. v. McDarrah, 2007 show; later defendant contacted same LEXIS 6590 (S.D.N.Y. agent (inadvertently) pretending to be 13 Showed up at "girl's" 2007) yr-old girl; defendant arrested outside of house home where he thought "girl" lived. Challenged constitutionality of 2422(b) on its face and as applied. Appellate court ruled 2422 constitutional, but allowed defendant leave to renew his I motion to suppress post-arrest statements use; this is memorandum order on preliminary evidentiary issue regarding introduction of images at trial; court found binder containing 16 images recovered from defendant's computer could be presented but not CD-ROM of over 140. U.S. v. Brand, Intbilophotk No information available. 2422(6); 2423 2005 U.S. Dist. LEXIS No Information 634 (S.D.N.Y. 2005) 62 EFTA00079475 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE U.S. v. Carrasquillo, US Mail No specific information available other 2422(b); 1470 2004 U.S. Dist. LEXIS than case involved mail from jail to (mail) 741 (S.D.N.Y. 2004) minor step-son Motion to suppress letters obtained from Not Consummated cell search, handwriting exemplars & expert's report. Court held that search was legal, exemplars from dictation were not testimonial once misspellings were removed but new expert required because he saw exemplars containing the spelling errors. U.S. v. Gagliardi, Internet Private citizen pretended to be "13 yr- 2422(b) 2006 U.S. Dist. LEXIS Sting old"; defendant contacted and initiated 64576 (S.D.N.Y. 2006) sexually explicit conversations including asking if 13 yr-old would like to "love Not Consummated me for money"; communications turned over to police. Claimed entrapment and sought acquittal; court denied motion. 63 EFTA00079476 Z.A. A, (4. ?. AS G . e , :FAcia% :' 4 s -0 p atm ; . , , , CROWE : - ...: • ,- tt..•:3-7'..- ,.. • 'I! 1 ti -G.1 .^- .r 4 ... 2422(b); 2423 Internet IM communications initiated; followed E.D. Va. U.S. v. Kave, 451 F. Supp. Sting by telephone calls from 54 yr-old male to 2d 775 (E.D. Va., 2006); "13 yr-old boy"; sexually explicit Not Consummated U.S. v. Kaye, 2006 U.S. by private communications; arranged to meet for Dist. LEXIS 54281 (E.D. organization sex; went to meeting & filmed by Va. 2006) Dateline. Showed up for meeting Court found that use of Internet and instant message satisfied the interstate commerce component; all elements of 2422 & 2423 satisfied. No specific information available. 2422(b); 2423(b) Slip Copy No U.S v. Holloman, Information Defendant sought recusal because judge No Information Slip Copy, 2006 WL served as Chairman of the Attorney 2796641 (E.D. Va. 2006) General's Commission on Pornography more than 20 years earlier. Denied. 2422(b); 2423(b) Internet Defendant alleged to have used Internet W.D. Mo. U.S. v. Hicks, Sting & telephone to entice a minor; traveled Not Consummated 2005 U.S. Dist. LEXIS to engage in sex act. Showed up at meeting 36625 (W.D. Mo. 2005) Defendant claimed no violation of 2422(b) & 2423 because no actual minor; court agrees and defendant's motion to dismiss is granted based on Helder. 64 EFTA00079477 COURT CASES , FAC:ILITY FACTS/COMMUNICATION CHARGE U.S. v. Helder. Internet No information available. 2422(b) 2005 U.S. Dist. LEXIS Sting Court held that 2422(b) requires actual 38874 (W.D. Mo. under age not mere "belief' by defendant 2005),reversed, U.S. v. that underage; defendant discharged from Not Consummated fielder, 2006 U.S. App. pre-trial release and judgment of LEXIS 15995 (8ih Cir. acquittal entered.Reversed on appeal. 2006) supra U.S. v. Spurlock, Internet Internet chat room "Daughters who 2422(b); 2423; 386 F. Supp. 2d 1072 aqui love daddies"; chats with "mother" of 3 2253; 1470 (W.D. Mo. 2005) kids; masturbated in front of webcam while having sexually explicit conversation with "13 yr-old daughter"; Not Consummated arranged to meet for sex with "13, 10 & 8 yr-old" children with their "mother" by telephone; arrested at meeting place & Showed up for meeting police found condoms, beer, DVD player & x-rated videos & duct tape. Defendant filed motion to dismiss on grounds that legally impossible because no actual minor was involved; general magistrate declined to apply Helder & recommended that motion be denied. 65 EFTA00079478 . . ... 40 py_ " el -• . .;L:1115 &ft. %✓ile• '. . J ki I 6 a COJ . 2422(b); 4' 2423 ..- Internet Solicited sex from 13 yr-old using D. Me. U.S. v. Vasquez, Internet; arranged to meet for sex & 241 F. Supp. 2d 34 (D. Me. traveled to meet; arrested at hotel Not Consummated n 2003) —unclear if case initially sting operatio see also but communications were recorded. Showed up for meeting U.S. v. Vasquez, Defendant appealed detention order; n court affirmed and adopted the detentio 2003 U.S. Dist. LEXIS order and required pre-trial detention. 2339 (D. Me. 2003) infra 2422(b) No No information available. US. v. Vasquez, No Information Information Motion to exclude pre-Miranda 2003 U.S. Dist. LEXIS statements and evidence from bag 2339 (D. Me. 2003) denied. r No information available. N.D.N.Y. U.S. v. Johnson, Affirmed at 446 F.3d 272 (2d Cir. 2006) 2005 U.S. Dist. LEXIS 52 supra. (N.D.N.Y. 2005) 2422(b) No No information available. In The Matter of The g Herald Company, Inc., Information Mayor charged with 2422(b) ; regardin 2006 U.S. Dist. LEXIS unsealing of affidavits in support of No Information 11930 (N.D.N.Y. 2006) wiretap on cellular phone. — 66 EFTA00079479 wit: lim s( iitr 4,;:z ., . ,,Tez, cl:' ' - y. U.S. v. Johnson, . No No information available. 1999 U.S. Dist. LEXIS Information 2422(b) 8819 (N.D.N.Y. 1999) Defendant pled guilty but challenged 88 month sentence recommendation; court imposed 88 month sentence See U.S. v. Johnson, 446 F.3d 272 (2d Cir. Affirmed at U.S. v. Johnson, 446 F.3d 2006) 272 (2d Cir. 2006) supra. W.D. U.S. v. Dodd, Tex. Internet Internet chat room communications 349 F. Supp. 2d 1039 Sting 2422(b) with "14 yr-old"; sent photos of himself (W.D. Tex. 2004) with erect penis; arranged to meet for sex; arrested at meeting. Not Consummated Motion to suppress search warrants denied. Showed up for meeting N.D. Tex. U.S. v. Jackson, Internet No specific information available other 2002 U.S. Dist. LEXIS tin 2422(b); than use of Internet to lure minor boy 6168 (N.D. Tex. 2002); see s 2252(a)(4)(3); 2253 for oral sex. U.S. v. Jackson, 2002 U.S. LEXIS 539 (N.D. Tex. Magistrate judge recommended vacatin g sentence of 180 months because trial Not Consummated 2002) for details of facts; and U.S. v. Jackson, 69 court applied enhancement for criminal Fed. Appx. 658 (5 th Cir. sexual abuse as defined in 2241 & 224 2 2003) and U.S. v. Jackson, because prisoner's crime did not fall into 2005 U.S. Dist. LEXIS the definition. 33111 (N.D. Tex. 2005) 67 EFTA00079480 FACII.ITY FACTS/CONIMUN1CATION , 1, COURT CASES Internet Defendant placed an ad on an Internet 2422(6) U.S v. Jackson, Sting site looking for boy to have oral sex; 2002 U.S. LEXIS 539 continued graphic conversations with (N.D. Tex. 2002) Not Consummated "boy" for months describing sexual acts he would perform; sent porn; arranged to meet "13 yr-old boy" for sex but did not Showed up for meeting show; continued communications & arranged to meet for sex at mall, telephone confirmation; arrested when he went to meet the "boy"; police found child porn on computer. Motion to vacate denied. Internet Communications over Internet; arranged 2422(b); 2423 N.D. III. U.S. v. Barked, stinv to meet & traveled to meet "15 yr-old" 2004 U.S. Dist. LEX1S for sex; arrested at meeting. 27162 (N.D. III. 2004) Not Consummated Defendant's motion to dismiss denied. Internet No information availablefacts. 2422(b) U.S. v. Echt, Sting Defendant's motion to dismiss on ground 2001 U.S. Dist. LEXIS 25970 (ND. Ill. 2001) that "knowingly" in statute applies to age Not Consummated of the victim denied. 68 EFTA00079481 t 47 •": v- ND U.S. Y Patten, 2003 U.S. Internet Internet chat room communications 2422(b) Dist. LEXIS 16072 (S.E. with "16 yr-old"; sexually explicit N.D. 2003) conversations; arranged to meet for sex; arrested at meeting. Not Consummated Motion to dismiss denied. Showed up for meeting U.S. v. Morrison, Unpublished Internet Internet chat room; 29 yr-old male 2422(b) 2003 WL 24054501 Sting entered chat room communications with (S.E.N.D. 2003) "16 yr-old"; discussed different sex acts with her; asked if she would come to his Not Consummated house to "fool around"; gave her his address and arranged for her to come; arrested by police who went to his house at the meeting time. Appealed his conviction on grounds that no actual minor was involved and that statute is unconstitutional. Conviction affirmed. 69 EFTA00079482 COURT CASES FACILITY FACTS/COMMUNICATION 01/34IGE D. Neb. U.S'. v. Jackson, Internet Internet chats with "14 yr-old"; 2422(6) 2007 U.S. Dist. LEXIS Sting arranged to meet for sex; drove to 33639 (D. Neb. 2007) meeting place with his daughter; left but Not Consummated police arrested him at his home. * State Conspiracy charge State charge of conspiracy ofsexual Showed up for meeting dropped, nofederal assault dropped because no conspiracy but la conspiracy charge allowed in Nebraska with undercover agent as conspirator * State Conspiracy Defendant filed motion in limine to Dropped* exclude cut and paste portions of Internet conversations & motion to dismiss because of pre-indictment delay. Case dismissed because of delay. N.D. Ind. U.S. v. Capozzoli, Internet Internet conversations with "minor" 242204 2007 U.S. Dist. LEXIS Sting followed by telephone calls; sexually 2812 (N.D. Ind. 2007) explicit conversations regarding masturbation. Not Consummated Defendant ordered detained without bail. 70 EFTA00079483 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE .. .. . . ,-. U.S. v. Candiano, Internet Defendant propositioned "13 yr-old" on 2422(b) 2005 U.S. Dist. LEXIS Sting Internet & telephone & arranged to 18206 (N.D. Ind. 2005) by private meet for sex 3 times; group member did not show; organization posted his chat Not Consummated group room conversations on the Internet & he responded. Defendant moved to dismiss & revoke detention order; motions denied. U.S. v. Wallace. Jnternet Sexually explicit Internet 2422(b) 2006 U.S. Dist. LEXIS Sting communications with "13 yr-old"; 92609 (ND. Ind. 2006) masturbated in front of webcam & encouraged "minor"to do the same. Not Consummated For purpose of section 3156(a)(4)(B), 2422(b) charge is a crime of violence and creates a rebuttable presumption in favor of retention; defendant held without bond. 71 EFTA00079484 ' 1 ' -, .:51';' ,.. ,n; .. 'iL'c.4..,,?.' -1.-:!Et IF ' 1 pr 9 aIAJIB <tiatitNat , .,,, T.-,-;-.,,. . ,,, :atagerAill:ii., . E.D. Pa. *U.S. v. Bianchi. No 2422(6); 2423 2006 U.S. Dist. LEXIS Information Foreign travel; wiretapped phone & 90073 (E.D. Pa. 2006) obtained phone records. Consummated Conspiracy to engage in illicit sexual * Conspiracy conduct in foreign places in violation of 18 U.S.C. § 2423(e). *Conspiracy Defendant seeks Jencks Act material 2423(e) prior to witness testifying. U.S. v. Rosenberg, Internet 58 yr-old computer instructor at public 2422(b) 2004 U.S. Dist. LEXIS Sting elementary school engaged in sexually 19160 (E.D. Pa. 2004) explicit Internet communications with "13 yr-old" for over a year; 2 telephone Not Consummated conversations; arranged to meet but defendant did not show; arranged for Showed up for meeting another meeting 11 months later & arrested at the mall where they were supposed to meet. Allowed to be released on bail because not a flight risk. 72 EFTA00079485 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE. : U.S. v. Tykarsky, Internet Internet chat room "lloveoldermen2" 2004 U.S. Dist. LEXIS Stine defendant initiated communications with 2422(b); 2423 2567 (E.D. Pa. 2004) "14 yr-old"; sexually explicit conversations over several sessions; told Not Consummated her he wanted to perform sexual acts with her & described in detail; made arrangements to meet for sex; arrested at Showed up for meeting the mall where they were to meet. Motion to suppress denied because defendant gave consent to search residence. U.S. v. Lester, Internet Internet chat room; high school teacher 268 F. Supp. 2d 514 (E.D. 2422(b); 2252 corresponded with "7th grader" in chat Pa. 2003) room; followed by telephone conversations; sent 2 images of child Not Consummated porn over the Internet. Defendant motion for downward sentence departure based on diminished capacity denied. 73 EFTA00079486 ASES.-, • .. 0 LI ': DA • , • _ • 0 .--7 . r .....r,br,,,y,„..r. • .I4 w — 'tit' 4. .,. ... . ?4 - — COUsgt :-/...: - ' imwe. :464 aie .# C'4-A:b•-i-C -a* ak; f-,-;. -5.-wtc,3u-, w '` r ^ . 4 *Sgag Unpublished Internet 55 yr-old man established contact with 2422(b); 2423(h) M.D. Pa. U.S. Y Garcia. 14 yr-old on the Internet — through IM 2005 WL 1862409 (M.D. & emails; when their 14 yr-old daughter Pa. 2005); Consummated was absent from school her parents see also U.S. v. Garcia, reported her missing; police found out Slip Copy, 2007 WL that a man had called girl's school to say 986874 (3i4 Cir. she would not be in that day; daughter's 2007)(Unpublished) supra friend told police that the girl had been communicating regularly with a 55 yr- old from California on the Internet for 3- 4 months; he had given her a cellular phone; he expressed a desire to have sexual intercourse with the girl and told her he was coming to see her; defendant picked the girl up at a bus stop and had sexual intercourse with her; when girl returned home she told police what happened Prostitution No specific information other than case 2422(6); 2423; W.D.N.C. ***U.S. v. Howard, involved interstate and underage 1956 2006 U.S. Dist. LEXIS prostitution, money laundering, crack 67214 (W.D.N.C. 2006) distribution & firearms possession. No Information ***Conspiracy/Pimps Defendant's motion for new trial denied. ***Conspiracy/ Pimps 74 EFTA00079487 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE N.D. Chilleme v. U.S.. Internet Defendant believed he was 2422(b); 2423 Ohio 2006 U.S. Dist. LEXIS Sting communicating with mother of "12 year- old" and set up plans to meet for sex with 25920 (N.D. Ohio 2006) Not Consummated both mother & daughter; traveled from Dismissed by 2006 U.S. Florida to Ohio to do so; arrested at Dist. LEXIS 38800 meeting. Showed up for meeting Defendant pled guilty; sought habeas relief from his 60 month sentence; court will conduct evidentiary hearing. E.D. Cal. U.S. v. Carter, Internet Internet chat room "preteen parents 2422(b) Stin_g who share"; defendant wants to have sex 2006 U.S. Dist. LEXIS with daughter while mother watches; 22501 (E.D. Cal. 2006) Not Consummated Internet email & chat room & telephone communications; arranged to meet & traveled to do so - arrested at airport. Showed up for meeting Motion to dismiss denied because no actual minor required; claims he did not believe that he was communicating with a minor irrelevant to attempt charge; Congress has power under commerce clause; rule of lenity not applicable because 2422(b) is not ambiguous ; 2422(6) only regulates conduct not speech. 75 EFTA00079488 . . ,. • - . - ,.. . , COURT =CASES ; :-: • .% '-• ' r ,:. "FACIWIT-_,', ‘.0ACTS/a01\1141trI ..-- , •-;:c-...,,, g.3.O., pw.:.4. CATip$ .; - !,CEIAlicE "..:etkAh !,-..:4 E.D. Wis. U.S. v. Davidson, Internet No information available but appears to 2006 U.S. Dist. LEXIS Sting 2422(b); 2423; showed up for meeting arranged through 95757 (E.D. Wis. 2006) 2252(a)(2) & (a)(4)(B) Internet. Constitutionality of 2423(b) upheld; neither statute requires actual minor; Not Consummated indictment need not specify the sexual conduct upon which it is based. U.S. v. Doyle, Internet No information available but appears to 2007 U.S. Dist. LEXIS sin have showed up for meeting arranged 2422(6); 2423; 2252(a)(2) & (a)(4)(13) 11429 (E.D. Wis. 2007) through Internet. Not Consummated W.D. Va. U.S. v. Jabbour, Internet Numerous online chats with "mother" of 2007 U.S. Dist. LEXIS 22422(6); 2423(6); Sting young girls interested in arranging sex; 13659 (W.D. Va. 2007) 2252A(a)(5)(B) & arranged to have sex with girls and (b)(2); and 2256(8)(A) Magistrate judge report traveled to do so; computer revealed and recommendation videos & photos of adult/infant, (adopted by 2007 U.S. Dist adult/minor, minor/animal sex. Not Consummated LEXISI8262 (W.D. Va. Magistrate recommended accepting 2007) defendant's guilty plea to 2422(b); Showed up for meeting 2252A(a)(5)(B) &(b)(2); and 2256(8)(A). 76 EFTA00079489 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE DC U.S. v. Curtis, Unpublished No No information available. 2422(b; 2423(b); 2421; 2005 WL 3312951 (D.D.C. Information Found guilty. Defendant's motion for 2252(a)(1); 2252(a)(I ) 2005) new trial denied. & (aX5)(B); 2256; 1512(b)(1)& (b)(2)(A) No Information D. Conn. U.S. v. Kufrovich, No No information available but indicated 2422(b); 2423 997 F. Supp. 246 (D. Information use of telephone, intemet and mail No Information Conn. 1997) he-trial motions. Charged with using telephone wires , Internet and U.S. mail. Overruled by United States v. Griffith, 284 F.3d 338, 351 (2d Cir. 2002). U.S. v. Rivera. No No information available.. 2422(b); 2423(b); 2006 U.S. Dist. LEXIS Information Defendant's motion for acquittal on 2251(a) and 65971 (D. Conn. 2006) charge of 2252A denied. 2252A(a)(5)(B) No Information 77 EFTA00079490 COURT , CASE$. 4 " 4:"..;-+ f4::: -'fil - -C.V.-I' ... EFACILiTy ' IFAC*PhiNIUNfc,AT ,i;•-• '', . .. ION. ' CHARGE U.S. v. Sweeney, Internet Internet chat room 2006 U.S. Dist. LEXIS 2422(b) aim "Ilovemucholdermen"several explicit 73025 (D. Conn. 2006) conversations of sadistic sexual behavior with "13 yr-old"; arranged to meet Not Consummate) "minor" and arrested when left his hom e to do so. Attempted to show tip Pled guilty to 2422(b); challenged for meeting sentencing enhancements and claimed ineffective counsel; court denied all motions and refused to issue certificate of appealability and entered judgmen t for respondent. N.D. Al. U.S. v. Powell. Internet No information available. 1 F. Supp. 2d 1419 (N.D. Sting 2422(b); 2423(b) Ala. 1998) Motion to dismiss indictment denied. Not Consummated W.D. La. U.S. v. Kretser, Internet Internet chat during which defendant 2007 U.S. Dist. LEXIS Stins 2422(b) told "minor" they would be going to a 45441 (W.D. La. 2007) motel for sexual activity & he would bring digital camera to take photos. Not Consummated Sentencing guideline range is set at 235 - 293 months in light of enhancements. 78 EFTA00079491 FACILITY. FACTS/COMMUNICATION CHARGE COURT CASES Internet Communications with undercover agent 2422(b) and W.D. III. U.S. v. Miller. am — method not specified; arranged to meet transporting child 102 F. Supp. 2d 946 (N.D. and was arrested. pornography III. 2000) Not Consummated Internet Internet chat room; sexually explicit 2422(6) Wis. State of Wisconsin v. Robins, 646 N.W. 2d 287 Sin conversations; sent photos depicting self (Wis. 2002) erect & of other minor boys Not Consummated masturbating; arranged to meet to have sex with "13 yr-old boy"; arrested when he went to meet. Showed up for meeting Pled guilty to 2422(b); affirmed circuit's order denying defendant's motion to dismiss because crime of attempt does not require actual minor. Interne( Met "13 yr-old" online; sexually explicit 2422(b) N.D. Ind. U.S. v. Rouhselang, Stine chats; admitted to having sex with 2006 U.S. Dist. LEXIS another young girl; suggested he take 62024 (N.D. Ind. 2006) Not Consummated photos; arranged to meet for oral sex; arrested at meeting place; had camera in his possession. Showed up for meeting Defendant ordered held without bond. 79 EFTA00079492 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE U.S v. Fuller, Interne( Defendant chatted online with "13 yr- 2422(b) 2006 U.S. Dist. LEXIS Sting old"; agreed to drive to "girl's 63722 (N.D. Ind. 2006) apartment" to engage in sexual activity; arrested when he showed up. Not Consummated Defendant held without bond. Showed up for meeting U.S. v. Davey, Interne( Internet chat room communications 2422(b) 2006 U.S. Dist. LEXIS Sling with "15 /12 yr-old" girl; graphic sexually 92427 (N.D. Ind. 2006) explicit reference to what he would like to do with her; arranged to have sex; Not Consummated arrested when he showed up. ' Court denied government request for pre- Showed up for meeting trial detention. U.S. v. Lohman. Internet Series of online conversations with "13 2422(b) 2006 U.S. Dist. LEXIS Sting yr-old"; arranged to meet for sex; offered 79073 (N.D.Ind. 2006) to bring porn film; arrested when he showed up at meeting place. Not Consummated Court denied defendant's motion to revoke detention order because 2422(b) Showed up for meeting constitutes a crime of violence which created a presumption of detainment. 80 EFTA00079493 C9URT ..44“-_ -:. .:, •g. wa.c.* •: CASES 1 [FACILITY FACTS/COMNIUNICATION CHARGE W.D.N.Y. U.S. v. Friedman, Internet Internet communications with 14 yr-old 2422(b); 2423(b) 2006 U.S. Dist. LEX1S victim trying to entice her to have scx; [miscited in case as 59445 (W.D.N.Y. 2006) misrepresented his age as 18 yrs-old 4243(6)1 when in actuality he was in his 40s; he met her at a mall and took her out to the woods to have sex with her; caught by Consummated/Force? mall security Challenged 81 month sentence because he had no prior convictions. Court affirmed sentence because defendant did not recognize wrongfulness of his conduct. D. Haw. U.S. v. Schnepper, Internet Internet used to entice minor and 1470; 2422(b) 302 F. Supp. 2d 1170 (D. transfer obscene material. Haw. 2004) Defendant ;challenged constitutionality of sentencing guidelines post Booker; No Information court denied defendant's motion to impose sentence without reference to sentencing guidelines. 81 EFTA00079494 9.: ''''' --r.' ''" ..- -44<liz.-•:.:.,rz- . ---. ud itit‘ R tr.!11,!.. ': 1 / -- . . FACILITV FACTS/COMMUNICA TION C.TIAR(;E . . S.D. U.S. v. Luxford, Slip Copy No No information available. 2422(b) Miss. Slip Copy, 2007 WL Information Motion to transfer is denied. Discusses 1729589 (S.D. Miss. 2007) alleged victim and her friend as No Information witnesses so implication that an actual minor was involved and not an undercover operation. N.D. U.S. v. Townsend, Slip Copy No No information available. 2422(b) Iowa Slip Copy, 2007 WL Information Order accepting Magistrates report and No Information 1320495 (N.D. Iowa 2007) recommendation to accept defendant's guilty plea. D. Kan. U.S. v. Kelly, Internet Although he began using computer to 2422(b); 2423(b); 2000 U.S. Dist. LEXIS solicit the victim when she was 15 yrs- 1512 (witness 5293 (D. Kan. 2000) old government's evidence was that tampering ) defendant's purpose was to engage in consensual sex when victim turned 16. No Information Defendant's motion to dismiss counts of 2422(b) and 2423(h) granted because consensual sex with 16 yr-old is not criminal sexual conduct defined by 109A. 82 EFTA00079495 ta. . ,, C U FACILITY tkNi... 1-: •.;;;L;ii " ' Yiii FACTS/COMMUNICATION CHARGE U.S. V. Riccardi, No No specific information available other 2252(a)(4)(B); 2422(b) 258 P. Supp. 2d 1212 (D. information than ; telephone calls to 3 different minor Kan. 2003) males. Defendant found guilty & filed motion No Information for judgment of acquittal and/or new trial, which was denied. E.D. Ky. U.S. v. Kimberly, Internet Defendant met 15 yr-old on the Internet; 2422(3) 2005 U.S. Dist. LEXIS solicited sex from her on the Internet; 27955 (E.D. Ky. 2005) arranged to meet her for sex; met her and had sex. Consummated Pled guilty. Motion to withdraw guilty plea denied. D. Nev. U.S. v. Johnson. Internet Internet communications; arranged to 2252A(a)(5) (B); 445 F. Supp. 2d 1181 (D. Sting (by meet for sex and meet for sex; state 2422(b) Nev. 2006) state) charges dropped but federal charges made; Defendant contested "illegal state arrest"; Not Consummated Motion to suppress denied. Showed up for meeting 83 EFTA00079496 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE A.F. Ct. U.S. v. Filipkowski. Unpublished Internet Internet chat room "M4M"; 2422(6); 10 U.S.C. Crim. 2002 CCA LEXIS 70 (A.F. Sting conversations with "15 yr-old male"; 890, 892 & 934 App. Ct. Crim. App. 2002) sexually charged conversations; arranged to meet; arrested at mall when he showed up. Not Consummated Appellate court affirmed conviction & 2 year sentence. Showed up for meeting U.S. v. Moffeit, Unpublished Internet Defendant set up website seeking girls 2422(b); 2252A; 2004 CCA LEXIS 55 (A.F. 13-20 yrs-old for pagan rituals; 10 U.S.C. 934 Ct. Crim. App. 2004) pornographic images retrieved from his disks. Not Consummated Sentenced 45 months, dishonorable discharge, total forfeiture of pay. Conviction & sentence affirmed. U.S. v. lionzik, Unpublished Internet Internet chat room "Older Men for 2422(b); 2252A; 2003 CCA LEXIS 280 Sting Younger Girls" ; communicated with "13 10 U.S.C. 880 & 934 (A.F. Ct. Crim. App. 2003) by private yr-old"; sexually explicit as to what he organization would like to do to her; asked her to shave pubic area & arranged to meet for Not Consummated sex; sent info about hotel reservations & telephone number; suggested that she Showed up for meeting perform oral sex on him; drove to meet her arrested when he showed up Sentenced to 8 years, dishonorable discharge. Court affirmed conviction but reduced sentence to 7 years. 84 EFTA00079497 fi lr"t e. 4' . ,1 iXi:? ,'..:,.., 'N . •' •, .. •.4 ., .1.:A-4 ra• I • " ;',9' 0474f:a •A:: a* N.S•; r * vt":.: ' 4,kl•WE-434,Y e 1a.. U.S. v. Larson, Internet Contacted "14 yr-old" through Internet MAR 64 M.J. 559 (A.F. Ct. Sting 2422(b); 10 instant message service; turned Crim. App. 2006) U.S.C. 880, 892 & conversation towards sex; asked if she 934 would meet for sex; arranged to meet for sex; arrested when he showed up. Sentence 9 years. Conviction affirme Not Consummated d but sentence reduced to 6 years. Showed up for meeting U.S. v. Gray, Unpublished Internet Internet chat room conversations; 2006 CCA LEXIS 130 Stint 2422(b); 10 propositioned "14 yr-old"; arranged to (A.F. Ct. Crim. App., U.S.C. 880 & 934 meet for sex; arrested when he went to 2006) her house. Conviction of indecent exposure set Not Consummated aside; all other convictions affirmed. Showed up for meeting U.S. v. Amador, Unpublished Internet Chatted with "13 yr-old" on several 61 M.J. 619 (A.F. Ct. 2422(b); 10 tlag occasions; arranged to meet at mall; hav Crim. App. 2005) e U.S.C. 920 & 934 sex; shower & go to dinner; arrested when he showed up at the mall. Not Consummated Showed up for meeting 85 EFTA00079498 ;f ]Cti.. ,giaCk.SES:1/4.••• tvv,.4 .'. ,4. e.w. ....,a.uhro ,,, ;ii;•. ‘ZI-e?:.?. 4.1 , EA 1,-- ..... ,,-,914 .11r ,.:-4 11--ztif •ea.A. /COMMUNICATIOWs--; 4 :.: . NSAil-**cliti tf,.: If /::r494 zr-i. :.,, ••3 1 b :ii,... %:., Navy- U.S. v. Boggs, Unpublished Internet Internet chat room, email & telepho Marine ne 2422(b), 2007 CCA LEXIS 196 (N- Ct. Sting contact; sexually explicit conversations; M. Ct. Crim. App. 2007) 2252A(a)(5)B); 10 Crim. by private arranged & traveled to meet for sex; U.S.C. 880 & 934 organization arrested at meeting place. App. Sentenced to 8 years, dishonorable discharge & reduction in pay grade Not Consummated found unreasonably severe & reduced to 3 years. Showed up for meeting U.S. v. Heisler, Unpublished Internet Emails with several minor boys; 2005 CCA LEXIS 131 (N- Slag Article 134, UCMJ arranged to meet "15 yr-old boy" for sex M. Ct. Crim. App. 2005); ; (which incorporates 18 arrested at meeting. U.S.C. 2422(b)) & 134; Affirmed at Appellate court affirmed conviction. 10 U.S.C. 880 & U.S. v. Heisler, 934 64 M.J. 82 (C.A.A.F. 2006) Not Consummated Showed up for meeting U.S. v. Proctor, Unpublished Jnternet 19 yr-old contacted "12 yr-old" & "14 2007 CCA LEXIS 187 (N- Sting 2422(b); 10 yr-old" over several months; sexuall M. Ct. Crim. App. 2007) y U.S.C. 886, 891 & 934 by private explicit conversations; arranged to mee t organization for sex but did not show. Conviction and sentence affirmed. Not Consummated 86 EFTA00079499 ' COURT CASES FACILITY FACTS/COMMUNI5an- . 'l , CP4etRGI C.A.A.F. U.S. v. Brooks, Internet Internet chat room; defendant initiated 2422(b) 60 M.J. 495 (C.A.A.F. leading to communications with private citizen in 2005) chat room; citizen reported to police & Internet Not Consummated Internet Sting began; he continued d St contact & arranged to meet for sex and told her to bring "8 yr-old" neighbor; arrested in hotel where supposed to meet. Showed up for meeting Conviction affirmed. vwk I C:Doc umcnts and Setiong,slas\Local Seitingaemp XP®pxisclMP.MFl117.2422(b) Cue awl • ckiumixl 87 EFTA00079500