EFTA01729480

LAW OFFICES or Ginalian B. Lifrocienrc, P.G. A PROFESSIONAL CORPORATION NEW TORK,ITEW YORIT.100SII. GER •ELE.T., FACSIMILE SNERY RENA FAITH July 25, 2007 BY HAND of of the Criminal Division The United States Attorney's Office Southern Distri ofFlorida tams, on a 3132 Jeffrey Epstein Dear Mr. We have previously provided you with a memo as to why we believe no charge under 18 U.S.C. §2422(b) could or should be brought against Jeffre y Epstein, 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 langua ge of the statute would have to be stretched beyond recognition to fit the particular facts ofMr. Epste in's case! Enclosed is data that strongly supports the arguments we previously made. We have thorou ghly 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 Principal Deputy Chief, Department of Justice, Child Exploitation former & isllection. supports our positio • ervation that this is not a matter upon which the federal statues be brought to beat should would also welcome any questions or concerns you would with her. like to raise 2 Please note that the enclosed chart amend s the one provided to you earlier this week by adding additional details recently located. EFTA01729480 LAW OFFICES OF GERALD B. LEPCOURT. PC. Chiefof Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 2 • For example, of the 184 prosecutions in which at least one count alleges a violation of §2422(b), in the overwhelming majority of thos e cases — 160, or over 85% — the "means" of interstate communication was the Internet and involved the classic "Internet trolling" —far different front the behavior alleged here. Of that subset, the vast majority — 113 -- were "stin operations involving "children" (actually, agen g" 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 defendant's were undertaken "knowingly". To the extent actions we can determine the facts, it appears that prio case being brought, in each instance multiple r to a explicit (and recorded) conversations were had, there could be no question as to when the indu so cement was attempted, whether the inducement was of explicit unlawful sexual activity, or wha t the defendant's belief wasas to the age of . victim. Again, this has no applicability to the the facts alleged here. The data is informative in other ways, as well. which the telephone is one of a multiple of mea Though there are a handful of cases in ns of interstate communications allegedly used only two such cases, both far different from the , in facts here,; was the use of the telephone the sole means of the wrongdoing alleged. In the rem aining telephone cases, the §2422(b) coun one of several amongst various charges of poss t is only ession of child pornography, violence, and the like. The data from the chart also establish that in the vast majority of the cases brought, no sexual activity was actually consummated. Tha t confirms that prosecutions under §2422(b focused on protecting the federal interest in ) are preventing the means of interstate commun from being used to commit crimes, particularly ication with respect to activities that are traditionally difficult for the state to prosecute. A prosecution predicated on an incidental telephone call used as a "hook" to trigger federal jurisdiction in orderto punish a defendant for the underly activity is well out of, not only the mainstr ing eam of §2422(b) prosecutions, but all §2422(b sexual that have ever been brought. Here, the state ) cases is fully able to prosecute the conduct alleg ed. We understand that the government believes it possesses proof that on various occasion telephone calls were allegedly made on Mr. s Epstein's behalf by other persons who alleg edly 3 As detailed in the introductory section to the char pimps who conceded that their businesses t, among the differences are that those cases hinged on the use of telephones. Moreover, it involve that the arrangements being made are for sexu is unequivocal al activity with underage women. EFTA01729481 LAW OYrICCS or GERALD B. LEITCOURT. P.C. Esq. R ifilriminal 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 taken (unlawfully, in our view) during the search of Mr. Epstein's home clearly show, many women initiated the interactions by repeatedly calling to schedule massages. If the calls on which the government might seek to rely were merely "ret 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 furth been er, Mr. Epstein would have to have known and intended that a specific sexual activity unlawfu l under Florida law was being induced. Thus, contrary to there being unambiguous pro of of the required elements of a 42422(b) violation in this case, at least the following defe cts 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 tantamount we to the use of a telephone in violation-of the statute. Second, even where a particular massage invo touching of a woman, we dispute that any such lved masturbation by Mr. Epstein or the conduct is a violation of any applicable Flor law. ida We u focused on the evidence which reflects the example, sworn statement of, for who told state investigators that she was aske 18 and 20 who would provide Mr. Epstein d to find women between with topless massages and which sometimes their being touched. Fla. Stat. Ann. §796.07 involved , a general statute which proscribes "prostitution and "lewdness", regardless of whether an adu " lt or minor is involved, is of very limited applicability here. That statute's definition of "prostitution" excludes conduct of which may be evidence, specifically, a man masturb there ating himself while touching the breasts of Section 796.07(1Xa) defines "prostitution another. " as the giving or receiving ofthe body for activity for hire. "Sexual activity" is defined sexual to include "the handling or fondling of organ of another for the purpose ofmasturb the sexual ation". Thus, "sexual activity" appears to situations where a woman is paid to masturb cover ate a man but excludes the situation whe masturbates himself in the presence of a wom re the man an. Any other reading of this statutor would raise constitutional problems of fair war y language ning, vagueness and lenity. EFTA01729482 lAW O•IKCS OP GERALD B. LEFCOURT. P.C. sq. ire o • e 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, unbeknownst to Mr. Epstein, some of the women were in fact not yet 18. It is certainly not clear that any state statutes were viol Mr. Epstein's conduct with any of these ated by women, either. Florida law criminalizes sexual activity with persons between the relat ively little ages of 16and 18. For example, it is not a the laws regulating sexual activity to receive violation of a massage from a person between 16 and topless or even naked. See Fla. Stat. Ann 18 who is . §800.04 (lewd and lascivious conduct with between the age of 16 and 18). Nor does a child that statute make h a crime to touch the brea other private areas of someone between 16 sts or and 18. Id. And, of course, even if a state committed, which we surely do not concede, crime was that does not make out a federal crime, unle could be proven that the defendant knowin ss it gly induced an illegal aet over the telephon e. Moreover, at best, the proof would show that only a small minority of massages'res in what may possibly be characterized as ulted sexual activity with a woman under the even where a massage involved sexual activ age of 18. But ity with a woman under 18, to the extent did not know the woman was under 18, Mr. Epstein or the telephone call did not induce the activ Epstein did not intend the sexual activ ity, or Mr. ity at the time the telephone call arrangin the person arranging the massage did not g the massage, or intend the sexual activity, there would be- additional battlers to a successful prosecut multiple ion. Further, putting aside whether there is suff icient proof that Mr. Epstein knew (and merely that he "should have" surmised) not that any of the women were in fact und facts hypothesized above hai never befo er 18, the set of re provided a legally sufficient predicate prosecution under §2422(b) - or under any for a other federal statute. The enclosed chart clearly and compell ingly demonstrates that every charge alleging a violation of §2422(b) is char brought acterized by direct (not circumstantial speculative) evidence of the defendant and certa inly not himself (not others on his behalf) using interstate communication to commun the means of icate an unambiguous inducement to underage or in the case of a sting, repr a person known to be esented to be underage (or a person thou behalf of such person) during the very ght to be acting on communication that constitutes the requ federal jurisdiction. ired basis for EFTA01729483 LAW OFTICCit kW GERALD B. LEPCOURT, P.C. Esq. to of t eCriminal Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 5 To our knowledge, the current investigatio n lacks any direct (or even.ciretunstantial) proof that an inducement was made by Mr. Epstein during the pivotal communication the very heart of any potential §2422(b) that is at charge. Even if the government contend Epstein induced unlawful sexual activity s that Mr. at some point, face to face, after a telephon separation of the communication and the e call, the inducement takes Mr. Epstein's alleged misc outside the ambit of federal prosecution. It onduct would be unprecedented (and unprincipled), chart demonstrates, to prosecute Mr. Eps as the tein under §2422(b) absent proof beyond doubt both that he knew the age of the pers a reasonable on and that he intended in that communicati induce sexual activity that is unlawful unde on to r Florida law. It would also be unpreced prosecute Mr. Epstein under §2422(b) base ented to d on a telephone call made by a third part direct proof that Mr. Epstein intended that y without telephone call to induce unlawful sexual acti vity. For all of these reasons, as well as those asserted at the meeting of June 26 and in follow up letter dated July 6, 2007, as wel our l as our earlier letter of June 25, we submit charge under 18 U.S.C. §2422(b) can be that no brought. If you have any questions or wou discuss this further, we are available. ld like to Very truly yours, Gerald B. Le court Alan M. Dershowit.c- Ad vD144 cc: Lilly Ann Sanchez, Esq. EFTA01729484 JEFFREY EPSTEIN 18 U.S.C. §2422(b) CASE ANALYSIS CHART A nationwide search of all cases listing charges under 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 focused 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 which 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 appointments for prostitutes. addition, both of those cases involve violence and pimps who admitted to using phones to further their business ventures. Moreover, in both cases many other factors, including the distribution of narcotics, 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 sexual 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 successful charge of conspiracy based on §2422(b). See, e.g., U.S. v. Pisman, 443 F.3d 912 (76 Cir. 2006) (2423(b) Conspiracy); 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); EFTA01729485 U.S. v. Jackson, 2007 U.S. Dist. LEXIS 33639 (D. Neb. 2007) (state conspiracy 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). . _ z40, . L CASESt• • " z Y-" FACILI ,FACTS/COMMIJNICATION CHARGE eus" -' - . , , • I d Cir. U.S. v. Dewire, Internet AOL instant message (IM) 2422(6) 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 EFTA01729486 -7,_ ., . cgrinT- . ., _. . - , A', -.4 ... . „...7-,..:. ic - af ':tatic. .ivitivitMetitim - , ._t•-k:,.:”..11‘•' ..L, '. .11::.‘ .>;:':,-. .;;;C_ : r.cwin U.S. V.Gravenhorst, Unpublished Internet use of email by 45 yr-old male to 2422(b); 2006 U.S. App. LEXIS proposition 4 16 yr-old girls& one under 1470; 32373 (1st Cir. 2006); 16 yrs-old to engage in sex with him; 14 62 vacating defendant pretended to be 19 yr-old and 377 F.3d 49 (1 sT Cir. 2004) 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. 2"d Cir. U.S.. v. Friedman, Unpublished Internet Email communications with actual 14 yr- 2422(b); 139 Fed. Appx. 330 (2nd old; defendant arranged to meet and 2423(b) Cir. 2005) actually met 14 yr-old girl and engaged in "sexual touching"; interrupted by security guard at mall; instant messages Consummated reflected defendant's intention to present 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 EFTA01729487 ,. .. . -.• • COURS:::\ , CASES -i • „ . , CF4.Cliiiii . ..."14,:ciiikiSiiiii ' roN T. G ,...,.. . U.S. v. Weisser, Internet AOL TM chats (over 6) between 45 yr- 2422(6); 417 F.3d 336 (21.4 Or. Sting old male from San Francisco and "I I yr- 2423(b); 2005) old male" in NYC; discussed in graphic 2252A(a)(1) 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 "11 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 EFTA01729488 ._,. .... . CO T1; " • s4 ',:-FACIa .1:4(-O4cpivimoicAirpN: -ci.41014, U.S. v. Minnie!. Unpublished Internet Defendant drove 170 miles to engage in 2422(6); 128 Fed. Appx. 827 (2nd Stine sexual activities with "13 yr-old" after 2423(b) Cir. 2005) engaging in IM chats, and telephone conversations; IM 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 DM 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 EFTA01729489 . . , . COVET - • . CASES • •FACILITY I .%tis•ACTST.COMMUNItatOTE.• >t ,ICIMRQt ,-, •!. U.S. v. Brand, Internet Internet chat room; civilian posing as 2422(b); 467 F.3d 179 (2nd Cir. Sting "13 yr-old girl" in "I Love Older Men" 2423(b) 2006) 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 2422(b); 148 F.3d 207 (2"d Cir. possibly cell girls for prostitution and traveled 2423(b) 1998) phone & interstate with them. beepers No Information U.S. v. Johnson, Internet Internet contact with 3 separate minor 2422(b); 221 F.3d 83 (2"d Cir. 2000) girls and traveled to engage in illegal . 2423(b); sexual conduct. 2252(a)(I) & (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 EFTA01729490 . .. .. COURT • 4. CASES ... .; .. .„, , . IT tklA Ar.WIiIiiSPIIC.A.T.IONI .:4'• ' CHAR ' _ - - • , .....4' —x,::;!.:-.:7?.:- :.;..:c..,..' n•-•,::_.• • ! :. 3 rd Cir. U.S. v. Lee, Internet Internet chat 2252A(a)(I) & (b)(1); 315 F.3d 206 (3`d 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 montlis;.appealed sentence requiring supervised release condition requiring random polygraph testing. Affirmed. U.S. v. Awwad, Unpublished Internet Case involved typical intemet sting 2422(b); 2423(b) 184 Fed. Appx. 201 (3'd Sting operation. No specific facts available. . Cir. 2006) Not Consummated 7 EFTA01729491 . .. . . COURT - • i OAS .' ' , ,i F:AVILITY :.. c QM 01/1 4elliI coWN • ..- . alaGE: ' ..:,-.;.,. U.S. v. Mame, 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(6); 2423(b) Slip Copy, 2007 WL Internet; traveled to meet her for sex 986874 (3rd 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 (3rd Cir. Sting defendant initiated 114 chat with "14 yr- 2423(6) 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 EFTA01729492 • ccraT ,) i 2,, • ."?:„.,).:).• a 7if:Pow ' JI & Isil`r• ^:!7 ...... tw : '. c." retaim a-).., s, , C.! 2 t : 1, ?ad.g.'.. 21: 1- ,#.;,:r;:, ' :2. ..4.-.... ., A 4ih Cir. U.S. v. Bray, Unpublished Challenge to sentence of 168 and 180 2422(b); 133 Fed. Appx. 80 (4th Cir. months for 2 counts of 2422(b) 21 USC 841 2005) 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 2422(b); 2423(b) 6 Fed. Appx. 174 (4'h Cir. 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(6) Slip Copy, 432007 WL Not for ing St . male with "13 yr-old male"; defendant 1978226 (4'h Cir. 2007) Publication by private told "13 yr-old" he was "prowling for young men" on the Internet; defendant Not Consummated organization 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 EFTA01729493 COStiT.-; o " " )., ' PPe≥-em tMoittkiccig co.. A1v!. . .. , p,watqw:, • . 5th Cir. U.S. v. Farner, Internet Defendant met "14 yr-old"through IM 2422(6) 251 F.3d 510 (5th 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 Showed up for meeting Internet arranged to meet at restaurant to 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 (5th 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 Showed up for meeting yr-old"; arranged to meet "13 yr-old" for sex and arrested when he showed up. Conviction affirmed. U.S. v. Berger, Unpublished No No information. 2422(b) 119 Fed. Appx. 658 (.511% Information Pled guilty to 2422(b); appealed plea and Cir. 2005) sentence. Appeal dismissed. No Information 10 EFTA01729494 . . . • ... . , ,. ,.. __ I — . l'I•• " ' ; 1... COURT tMES: ' .I ... ' . 1. )E 4 9 3 C 34 ,IP ` ' j.:... E S .. • •!. .l.r !; : t; : ..c.. - 1. \ • .4 C7-..: L. • :. .- .•-• .• • U. S . v. Latorre, Unpublished No No information. Sentence restriction that 2422(b); 2423(b) 61 Fed. Appx 557 (5'h Cir. Information prohibits defendant from "visiting any areas near schools, day-care centers..." 2003) . No Information after release from 105 imprisonment affirmed. U.S. v. Armendariz, Internet Internet chat room"Lil Boys for Older 2422(b) 451 F.3d 352 (5ih 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 up for meeting showed that he had corresponded with at 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 EFTA01729495 COOT AS ' . . . , sis..k .;, 4cilitaViNI , i - ;-• .,:din -QE: i• ' U.S. v. Wise, Internet Internet chat room; 38 yr-old from 2422(b); 447 F.3d 440 (.5th Cir. Texas established Internet contact with 2423(b) 2006) 13 yr-old; defendant lied about his age 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 EFTA01729496 conT ,:. CASES' .. ., • .. .FACILITY' ...EACTSIC IVOKONIC2010 tcgaGE.;: ., , 6th Cir. U.S. v. Smith, Unpublished Internet Internet and telephone communications 2422(b); 2423(b); 20 Fed. Appx. 412 (6th Cir. between 42 yr-old an d16 yr-old girl; the 2252 two met and had sexual relations; when 2001) 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 Internet Internet communications between 2422(b); Slip Copy, 2007 WL Not for Sting defendant and"mother of under age 2423(b) girls"; defendant expressed interest in 1700818 (6th Cir. 2007) Publication 2241O; having sex with "daughters"; arranged to meet; arrested when he showed up after 2241O; attempting to escape and hit officer with 111 (assault of officer) his car. Pled guilty; contested 144 month & 10 yr. supervision sentence. Affirmed. Not Consummated Showed up for meeting 13 EFTA01729497 •c7RT'. • ., •S 7 • -7 T.A:CILIn '. ,iOXS/COICIMIMICATION:.• . ClIARO U.S. v. Yokeley, Slip Copy Jnterne( Internet chat room "moms want older 2422(b); 2423(6) Slip Copy, 2007 WL Not for Sting men for dau."; approached "mother of 12 1958627 (61h 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 Showed up for meeting telephone to finalize arrangements to 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. Pied 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(6); 2251(a) Cir. 2006) Michigan grand jury charges of 2422(a) & (b); 2423(b) & 2251. No Information Pled guilty without reservation to challenge constitutionality of PROTECT Act. Act found constitutional and conviction affirmed. 14 EFTA01729498 _,.. . . COt7T . S b - :-' ,r# 4T 91141744:21 TNG,WWP kagieSI.14. - ,OtAli4 - U.S. v. Fuller, Unpublished nternet Defendant engaged in Internet 1M chats 2422(b); 2252(a)(I); 77 Fed. Appx. 371 (614 Cir. Sting with adult women which he continued (a)(4)(B) 2003) 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 1M & Showed up for meeting telephone communications with "14 yr- old" described explicit sexual acts, including mother/daughter sex; sent photos of women having sex with dogs; 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 2422(b) 104 Fed. Appx. 479 (6'h year-old; engaged in N and telephone Cir. 2004) communications containing graphic descriptions of sexual desires & role Consummated playing; mother found daughter in motel room with defendant and called police; this was appeal of the court's refusal to ask jurors during voir dire if they thought that a 16 year-old could seduce an adult. Court found no error. 15 EFTA01729499 cAs4s. - •• • 1&L.:), ,:., ••-- er,""ii ,:c:4N. i ltiliitivie to - • .:.” . ..“. 4 ...1.". . r ;; ; ': ._ _ ,,, • _ - ti3O„-A41t,..n•...h.,, -: ,,,, e ?.- CO CIRT , ,,,.. ,.., , , 44, .....a.y:.::: i:, .. satT .1 ;. .c.. : 4.. ':.... :.“._ ir..4. :?....--. A: U.S. v. Chnsivell, Internet Internet chat room ' 11 Love Older 2422(b); 2423(6) 401 F.3d 459 (6th 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); Sting men"; 27 yr-old initiated conversation 400 F.3d 336 (6th Cir. 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 EFTA01729500 4.-. , wow. • A'S -. • • IAQILITY RACT$lCUMMuNICATI!)N .,CHARGE} U.S. v. Payne, Unpublished Internet Internet chat room contact with "14 yr- 2422(b) 77 Fed. Appx. 772 (6i° Cir. Ltjta old"; defendant asked "14 yr-old" if she 2003) would perform oral sex on him and told her he wanted to touch her under her Not Consummated clothes; arranged to meet at a restaurant. Arrested when he showed up. Showed up for meeting Pled guilty but challenged sentence base offense level computation; court affirmed 24 month & 2 year supervision. • U.S. v. McCall, Unpublished nternet Internet chat room; initiated 2422(b); 2243(a) 79 Fed. Appx. 795 (6ih Cir. Sting communication with "15 yr-old"; FBI 2003) took over and continued communications - as "13 yr-old"; defendant indicated he Not Consummated wanted to engage in sexual intercourse • with "13 yr-old" and arranged to meet; Showed up at meeting arrested at the meeting place. His computer revealed contact with at least 3 actual minors; charged with 2243(a)and 2422(b); pled guilty to 2423 in exchange for dropping 2422 charge; challenged court's failure to depart • downward; appellate court dismissed for lack ofjurisdiction because judge knew 'that she could depart downward. 17 EFTA01729501 .. .... , • COURT r %. • AS' - -.. *AMITY :. OO)$/g.PNOWNICAtI0N, ' ' , COAR.qE..- U.S. v. Bailey, Internet Defendant contacted minors through 2422(6) 228 F.3d 637 (61h Cir. Internet; used graphic language describing how he wanted to perform 2000) Not Consummated oral sex on them and urged them to meet 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(b) and 2423(b) 12 Fed. Appx. 270 (6th Cir. minor & 2423(6); 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 internet 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. Consummated/ Force Pled guilty; challenged sentence enhancement as career offender and as violent crime; court affirmed sentence. 18 EFTA01729502 ,. , • - • COURT.) : 'SE& • • Ffsiditirn v iNSicOMMUSt.eATio - ;-,-, ' telinG•-!;, . ,, -i• - ,_,? ...; -.: ..,!.. .,..-4...v. -4. .:,..z:-.•5:T.Is-r \ i eA;4.. . L.- 2- -:.. :2. .. :- 7:,!.. U.S. v. Volungus, Unpublished No information presented. Challenged 2422(b); 2252A 8 Fed. Appx. 555 (6'h Cir. application of special condition to his 3 2001) year supervised release after serving his 53 month sentence that he not possess a No Information computer; court affirmed because defendant agreed to the condition at pre- sentence hearing. U.S. v. Humphrey, Unpublished Internet defendant setg up a meeting through the 2422(b); 146 Fed. Appx. 1 (6ts Cir. Sting Internet and traveled to engage in sex 2423(b) 2005) with "7 & 12 yr-olds & their mother". Pled guilty. Challenged sentencing; court reversed sentencing because Not Consummated sentence was issued under a "pre- Booker" regime. Showed up for meeting 19 EFTA01729503 COURT • CASESn.-- . • . ' 1. ,:tA', .... - ii.FAtigleOMMtisSti, t . ., .:,:- . J.,...m::--,1- e`' 4" ! Ct. - 11 ". ef. ' ).:Art; !•i- it -1: . . 7th Cir. U.S. v. Mallon, Internet Internet chat room; British citizen met 2422(b) 345 F.3d 943 (7'" Cir. Sting "15 yr-old" in chat room; he repeatedly 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 EFTA01729504 .e611O..:,;`'..' '1.7.— .. •:' • s" - AOILITy: - 414cliS/05 IMUNICATION:. - C- ARG .. . . , U.S. v. Veazey, Slip Copy Internet Internet chat room " *!SeXy HiGh 2422(b); —F.3d —, for Stine SchOol HoTTiEso`" ; 48 yr-old man 2423(b) communicated with "15 yr-old" by 2007 WL 1892821 (7th Cir. Publication Internet & later by telephone for months; " 2007) 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 ' .Showc!cl 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 EFTA01729505 COURT •.; ''. .1 , ..0a5; .,= , tg •$* I I - :: ACTS! OYJNOWATta ' - . z:91.449 ; -.,-.',-,}f :-:7-.:: •;, - ***U.S. v. Pisman, Internet 25 Internet chats between defendant and Conspiracy to travel ... 443 F.3d 912 (7th Cir. co-conspiratorPisman ; the two were 2423(b) and (e); 2006) involved in a sexual relationship & made Wilkerson with plans for defendant to travel to meet with 2422(b) co-conspirators & others to engage in ***Conspiracy charge*** sex; more than one of those were minor boys. Co-conspirator had been the one to contact the minors so he was charged No Information with 2422(b), defendant was charged with conspiracy to travel under 2423(6). Jury acquitted defendant of conspiracy to travel but found him guilty of 2422(b) violation. Court remanded for resentencing because of court's downward departure in P's _ sentence. 22 EFTA01729506 COURT - - • ES" ;. -- - - 7:1, 1 ocurktY taticitenvilim AniaNce !. err ..A.,:, , 7„-,:< :,;•:, ,, k, ,..$;. -..-iri.,>., ,,1/2, N.i Th. 4.5.•:',,;?4:74‘.„z-, , ,, U.S. v. Lovaas, Internet Email messages with "14 yr-old" boy 2422(b) & 2252(a)(1) 241 F.3d 900 (7th Cir. Sting asked for photos and sent photos of & (a)(4)(3) 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 EFTA01729507 t lar . C' s ..: -. OAStS ' '::: f: I :" F.ACILITY ' : : #ACTSMOSIVIVNic:ATI CHARGE. U.S. v, Shutic, Internet Internet chat room "Male for Barely 2422(b), 2243(a) and 274 F.3d 1123 (7''' 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 • meeting Showed up for returned home when he saw unmarked 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 EFTA01729508 ... . _ COURT . . - ,CASES • .' . . i ::,r*60::ertt '.4401E'SletifinitlIpAtION,.;: CEARQE .' • 7 U.S. v. Angle, Internet Father discovered suspicious activity on 2252(a)(2), Sting son's computer and reported to the FBI; 2253(a)(4)(B); 2422(6) 234 F.3d 326 (7th Cir. . 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, et at v. Smith, et at, Molestation of minor student by school 2422(6) 470 F.3d 331 (71h Cir. dean. 2006) Consummated 25 EFTA01729509 COUNT - GASES. :. PACILITX J • $CTB/.001iffV1IgNrCATION, :C 81h Cir. U.S. v. Rayl, Internet Internet chat room; "Pen-pal" email 2422(b); 2252(a); contact initiated by defendant pretending 2252A(a)(1) and 270 F.3d 709 (86 Cir. 2001) to be 15 year-old girl whose father 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 EFTA01729510 , . . C0VRT". _ , CAS • ' ., ' Men-ant t..ACTS/0:0MISIUNKATION - - 'cgiklig U.S. v. Dickson, Unpublished Inter i et Internet chat room; IM chats between 2422(b) 149 Fed. Appx. 543 (8th agi 47 yr-old man and "15 yr-old"; Cir.) exchanged addresses and defendant asked "15 yr-old" to meet him in a hotel Not Consummated parking lot near his house; defendant told her he wanted to make love to her; when "15 yr-old" stated she had no experience defendant asked if he could teach her; arrested when he went to meet her at the hotel parking lot. • Appeals his conviction and 60 month sentence. Affirmed. U.S. v. Little, Internet Internet chat room; RV1 chats during 2422(b) 485 F.3d 1210 (8th Cir. Sting which defendant arranged to have sex 2007) with minor; arrested when he showed up at the park. There was evidence that the Not Consummated defendant had previously attempted to engage in sex online conversations with Showed up for meeting 12 & 13 yr-old girls prior to the sting operation that resulted in his arrest. The government contested his release on bail for 60 days before his self-surrender. Court vacated order and remanded for issuance of a bench warrant. 27 EFTA01729511 . , .. .... . ... , ., COURT CASES , J.... ' VAQILITY. ' ' texptsicQymonsackpo cfMAGF. -- U.S. v. Blazek, Internet Internet chat room "male-to-male"; 2422(b), 2423(b), 431 F.3d 1104 (8is 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 EFTA01729512 COURT s 4-konns7 :4.Pgc:TS/C01141VITI 'CATION . ' .2. :C$ i,..k g, U.S. v. Maiden, Internet Internet chat room "IluvOlderMen"; 2422(b); 2423(b). 424 F.3d 718 (8'1' Cir. Sting 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 Showed up for meeting .would many in a few years; repeatedly 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 riot, there was overwhelming evidence of his belief that she was 14 yrs-old. 29 EFTA01729513 S -- ,S2W11411 7 - ;FJQCTS'IC0MMUlite4OO,.; •,': . . , •. - -03ARGE .. COURT. ' U.S. v. Hicks, Internet defendant initiated Internet conversation 2422(b); 2423(h) 457 F.3d 838 (8ih Cir. Sting with "13 yr-old" followed by telephone 2006), overruled calls; stated he was interested in having vaginal intercourse with "13 yr- Not Consummated Helder, 452 F.3d 751 old"minor & was willing to travel from FL to Kansas City; arrested when he Showed up for meeting arrived at airport. Government appealed dismissal of indictment. Appellate court reversed because actual minor not required. U.S. v. D 'Andrea, Internet Internet chat room and telephone 2422(b); 2252(b)(2) 473 F.3d 859 (8'h Cir. Sting communications with "13 year-old"; 2007) defendant made plans to travel for sex; did same with another undercover agent; Not Consummated many times masturbated in from of webcam; arrested at meeting place. Showed up for meeting Police found nightgown, condoms, 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 EFTA01729514 0)... .:CASES , - .nctLoy, 4 AkCTSXCOMMUNICATIQN , CEAEGE U.S. v. Garate, Internet Internet chat room; met 12 year-old in 2422(b); 2423(6) 482 F.3d 1013 (8ih Cir. chat room; communicated via Internet & telephone; traveled to have sex and did; 2007) Consummated at time arrested he was 20 & girl was 14; pled.guilty to 2423(b) charge & government agreed to drop 2422(b) 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(6); 2423(6) 397 F.3d 1100 (8th Cir. Sam & 1 telephone conversation, explicit 2005) sexual conversations; arranged to meet; arrested at meeting place. Not Consummated 15 month sentence and sufficiency of evidence challenged on appeal. Showed up for meeting Affirmed. 31 EFTA01729515 .--. . . QURT' . - aS. , • • :•Melialt- • tot.405/610kiail.qiiiciisi::_. A •,ct b•iio i- E-:. ..-' T. 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 arrested at airport. forfeiture) 14832 (8U1 Cir. 2007) 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 EFTA01729516 ciriukT. . con.: _ ? FACILT tA VolefOrgealoN.--. : U.S. v. Gleich, Child 12 year-old male told police that 2251(a) & (c); 397 F.3d 608 (8'h Cir. Pornography defendant had photographed him in 2252(a)(2) & (b)(1); 2007) sexually explicit poses and had shown him photos of other children; police got a 2252(a)(4)(B); warrant & discovered 3 computers with 2422(b) child pornography unrelated to the offense investigation. •. Consummated on porn Pled guilty to 2252(a)(2); sentence was charges - no info on enhanced under "pattern of activity 2422(b) 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 hot separate sexual abuse). 33 EFTA01729517 ...... _ _. , • - - .RGE COURT CASES;,- 2 . A 1 . FACTS/COMMUNI TI/7 , ' - - 91h Cir. U.S. v. Curtin, Internet Internet chat room; explicit sexual 2422(b); 2423(b) 2007 U.S. App. LEXIS Sting conversations for 4 hours; exchanged 12110 . photos; defendant arranged to meet for sex with "14 year-old". Not Consummated (9th Cir. 2007) Defendant claimed that he did not believe that he was meeting a "14 yr- Showed up for meeting old"; he contested the government'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 14 yr-old 2422(b); 2423(b) 366 F.3d 705 (9'h Cir. St] male; had sex with 14 yr-old & posted 2004) naked photos of boy on the Internet; police took over boy's Internet account and were approached by defendant Not Consummated claiming he was still interested in "hooking up"; continued to seek sexual encounter with "boy" over next month Showed up for meeting discussing in graphic details sexual acts he hoped to perform on the boy; arranged to meet for sex & arrested when lie did. Pled guilty to 2422(b) and challenged legality of search of his computer & alleged no violation because no "actual" minor. Conviction affirmed. 34 EFTA01729518 .. _. ..- , COURT , CASES .--- ''FrASIATY n$YetnyThIpisITCATIOlg, Caa0 U.S. v. fanner, Unpublished No No information available but case 2422(b); 2423(b) 72 Fed. Appx. 665 (9'h Cir. information implicates that Internet was involved; 2003) defendant pled guilty to 2422(6) & 2423(b) and stipulated that he had sent No Information photos of himself masturbating to someone he believed to be a minor; challenged introduction of the photos as prejudicial. Affirmed. U.S. v. O'Brien, Unpublished Internet Internet chat room; initiated sexual 2422(b); 2423(b) 27 Fed. Appx. 882 (9'h Cir. Sting conversations with minor; tried to entice 2001) "girl" to visit; paid for ticket for her to visit & live with him; admitted to her Not Consummated that he had visited "Girls and Older Guys" Internet chat room and chatted Showed up for meeting with other teenage girls. Claimed entrapment. Conviction affirmed. - U.S. v. Kozlowski, Unpublished No No information available. 2422(b); 2423(b) 2007 U.S. App. LEXIS Information Anders Brief appeal of sentence of 60 No Information 9489 (9ih Cir. 2007) months; denied. 35 EFTA01729519 . . COURT ' CA;SVS-11• ,•.. . • • ' ;PACCIark .. YP•4107SLOWIISCATt ' • 9 United States v. Messano, Unpublished Internet Defendant developed relationship over a 2422(b); 2423(b) 114 Fed. Appx. 785 (9th Sting 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 (91h 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 (9'h 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(h); 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 EFTA01729520 •-• , - .., . .--,. ...-,. ,. . . ;.'.0 51TO • •;CASES;'' .'• ,•:11A,6ILI Y ,*AerS/e0IVISTIEW.01.11p1* ' ,.etfABOa,.- U.S. v. Jenkins, Unpublished No No information available. Pled guilty to 2422(3); 2423(b) 163 Fed. Appx. 578 (9''' 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(6) 177 Fed. Appx. 765 (9'h 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 (91" Sting corresponded with undercover agent. Cir. 2006) Appealed conviction claiming legal impossibility and not real minor. Not Consummated Conviction affirmed. U.S. v. Weir, Unpublished No No information available. 210 month 2422(b); 2251(a) & 52 Fed. Appx. 423 (9'h 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(b) 150 Fed. Appx. 610 (9th Sting available. Defendant claimed Cir. 2005) entrapment. Conviction affirmed. Not Consummated • 37 EFTA01729521 . , . . . . COURT ) ' GASES MCWITY '; i F4:CTS/09MMUNiCATIONL- * CHARGE • ' U.S. v. Schnepper, Unpublished Internet Internet chat room; evidence clear 2422(6); 2423(b) 161 Fed. Appx. 678 (9'h stin 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. Nisely, Unpublished No information available but implication 2422(b) 172 Fed. Appx. 713 (9th is that Internet used. Cir. 2006) Defendant convicted of 2422(6); No Information contested supervised release which prohibited use of computer. U.S. v. Curtin, Internet See 2007 U.S. App. LEXIS 12110 (9'h 443 F.3d 1084 (9th Cir. Sting Cir. 2007) supra. • 2006) US. v. Anderson, Unpublished Internet . Online chat, no specific information 2422(6) 2007 U.S. App. LEXIS available; conviction affirmed. No Information 11856 (9'h Cir. 2007) U.S. v. Dhingra, Internet AOL IM chats with 14 yr-old girl; 2422(b) 371 F.3d 557 (9th Cir. 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(b). Conviction affirmed. 38 EFTA01729522 COURT _ CASES . - - 1,AOLI .04ers-/COmfrititigatiOtst ,.. GE: *. . ' - • U.S. v. Vail, Unpublished Internet No specific information, other than sting,. 2422(b); 2423(b) 101 Fed. Appx. 190 (0' Sting 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. • lo1h Cir. U.S. v. Pearl, Internet Internet chat room; conversations, 2252A; 2422(b); 324 F.3d 1210 (10'h Cir. Sting email & telephone with "12 yr-old"; 2423 2003) 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 error in jury instructions but affirmed as to 2423 & 2422(b). 39 EFTA01729523 . . COt3RT , ,.. CASES . .- . .. . . , . FACI'IITY .. . . ,. : ' • ,', ,Pts...coicomffluisnestroist-L f-armoE U.S. v. Munro, Internet Internet chat room communication with 2422(b) 394 F.3d 865 (1O Cir. Sting "13 yr-old"; told her he wanted to have 2005) 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 Showed up for meeting school. 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, Internet Internet chat room; private citizen had 2422(b); 2423(6); 428 F.3d 945 (I 0'h Cir. in assumed profile of "16 & 12 yr-old" as a 2252(a)(1) 2005) gag; received sexually explicit communications for 5 months from defendant as well as photos and sexually Not Consummated explicit images of defendant with other children; defendant arrested when he Showed up for meeting traveled to meet; Convicted; sentenced to 37 months & $10,000 fine; court affirmed conviction - but vacated sentence because trial court erred by using downward departure of 9 levels. 40 EFTA01729524 . , ... .. CQUfl' • . CASES.,;., Opiart.: aicts/coMmvm.estioN, U.S. v. Thomas, Internet Internet chat room; several online chats 2422(b) 410 F.3d 1235 (10ih Cir. Sting with undercover agent; arranged to meet but did not show; six months later online 2005) Not Consummated in chat room again but using different 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(6) 165 Fed. Appx. 586 (10'h Sag 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 EFTA01729525 cos -i t CASKS • - • BACILITY - pel:6eigiaeiCits4iiilic..A. iiaii. . .. ..,ctsAatqg , • U.S. v. Hanes, Internet No information other than use of Internet 2422(b); 2252A 371 F.3d 1208 (10th 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(b); 183 F.3d 1175 (10ih Cir. leading to & communicated via Internet & 2252; 2253 telephone with underage male; sent items 1999) Stine, 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 EFTA01729526 ._ ., ...., .. _ , ,Q - O A COURT -• CASZO% : -7. '-' :•MOWITY-;'•`rACIVCOPIAWSIKAP01%1:- • ' U.S. v. Byrne, Internet Internet chat room; met minor; '2422(6); 2423(6) 171 F.3d 1231 (10" Cir. arranged to meet for sex; had sex. 1999) Sentence of 21 months & 3 year Consummated supervision affirmed. U.S. v. Wales, Unpublished Internet Internet chat room; sexually explicit 2422(b); 2451(a) & (b) 127 Fed. Appx. 424 (10111 Sting communications; defendant already on Cir. 2005) probation for sexual assault; when arrested he pled.guilty but said he never Not Consummated showed up for any of the meetings he set up; just masturbated. Found guilty of attempt at bench trial and sentenced to 180 months & 3 year supervision. U.S. v. Brown, Internet Internet chat room communications 2422(6) 126 Fed. Appx. 448 (10'h Sting with "13 yr-old"; arranged to meet for Cir. 2005) sexual encounter; arrested when he went to meet "underage girl". Not Consummated Challenged introduction of Internet • conversations as prejudicial. Appellate Showed up for meeting court affirmed — probative value outweighed prejudicial; sentenced 46 months & 3 years supervision & $500 fine. 43 EFTA01729527 44 EFTA01729528 ,-. _ , toemt COURT. - 'd • ',4 •"„• 1 tjtWlibia.,rs ltAMe m psi , O , ••lc .f5 , , r. , '51 i.:•. t - ..it, • '',...‘ t v ye. .. ' ...t.' ":1t; e ' U.S. v. Phillips, Unpublished No No specific information available other 2422(b) and 2 165 Fed. Appx. 677 (10'1' discussion of than the fact that the case involved a 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 EFTA01729529 :,-odtjor ! CASES ' , .. . „ .. F49P . -, .„.. . 12§te9M1Y1pINICATIPtivi • ' a U.S. v. Crayton, Unpublished in tern et Internet chat room communications 2422(b) 143 Fed. Appx. 77 (101h Stine with "14 yr-old"; described graphic cr. 2005) sexual activity; and sent sexual photo; Not Consummated masturbated in front of webcam; offered to teach "14 yr-old" about sex & to buy her a ticket to come meet him; arrested at Showed up for meeting meeting place. 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 EFTA01729530 .. . , COURT- , R -• A • AR ‘,,. ;FolOitilt• 4 ,F41/4001COMWAR 410 11 0 W : ' • :''' ' '' ''CIT ., , 11'" Cir. U.S. v. Morton. Internet Internet chat room "I love older men"; 2252A; 2422(b) tin communication followed by telephone 364 F.3d 1300 (11th Cir. calls to several "victims"; sent and 2004) Not Consummated • requested sexually explicit photos over 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(6); 2252A(a)(1) Sting between father of 12 yr-old boy and & (a)(2)(A) Slip Copy, 2007 WL • Not for Publication "mother of 12 yr-old girl"; several chats; 1379982 (11' Cir. 2007) 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. Showed up for meeting he showed up. Police found laptop; - 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 EFTA01729531 . .. • CASES t'PACILPITY .., 'C FeCtIVAINIVNIPALTIOX . ClIAAGR. COURT . , .. ... • . • •.:.'.:5 ,.:.,n " • U.S. v. Evans, Prostitution 14 yr-old worked for defendant (& 2 co- 1591; 2422(b) 476 F.3d 1176 (11i1 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(6); 185 Fed. Appx. 841 (I l'h Travel Sting arranging for travel to Costa Rica for sex 1591(a); 1594(a) Cir. 2006) with "14 yr-old"; paid for travel; arrested at airport. Not Consummated Showed up for travel US. v. Roberts, Unpublished Foreign Defendant responded to ad for sex travel 2422(b); 2594(a) . 174 Fed. Appx. 475 (11ih 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 EFTA01729532 . .— . ... . n. .!. C ., . . - COURT LASES . „... ,,. i , .. ous 44 ,-;..f.,400fispmtclti textig L- . U.S. v. Clarke, Unpublished Foreign No specific information available but 2422(b); 2423(c); 159 Fed. Appx. 128 (11'' Travel implication is that this is a sex tourism 159I(a); 1594(a) Sting case. Not Consummated? Cir. 2005) Alleges entrapment;Conviction affirmed. U.S., Clerk v. Yost, Internet Internet chat room conversations with 3 2422(b) Sting different "girls" — all same undercover 479 F.3d 815 (11th Cir. 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 for meeting showed up to meet her. Conviction affirmed. U.S. v. Bolen, Unpublished Internet Internet chat room "sex with younger"; 2422(b) Sting conversations with "25 yr-old mother of 136 Fed. Appx. 325 (11th 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(b) 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 EFTA01729533 . ‘• 1 . :COultir -: CASES-; -•• -. - :,FACILITY i:PACtSICOMNIT:ThlICAPON- 'CHAR0g t• U.S. v. Searcy, Internet Internet chat room; defendant's screen 2422(b) Sting name was "Obesseddadl I"; informed 418 F.3d 1193 (1 l'h Cir. undercover agent that he was member of 2005) Not Consummated father-daughter swap club; talked on telephone & arranged face-to-face meeting with agent; at meeting told agent Showed up for meeting he wanted to arrange to have sex with 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 EFTA01729534 COURT ":"CASES.• . arAICILItii. , ; FACTSIOCOMbisliCMOION ••• PITA:RQE:- ' . . U.S. v. Murrell, Internet Internet chat rooms "family hive" & 2422(b) 368 F.3d 1283 (11th Cir. Sting "Rent F Vry Yng"; communicated with 2004) same agent who pretended to be "mother of 13 yr-old" Sc."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. **U.S. v. Pipkins, et at, Prostitution Pimps ran prostitution ring using under 2422(b); 1951; 378 F.3d 1281 (1 i th Cir. age girls; in total 15 pimps were arrested 1952(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 I962(d) up website for "escort service". RICO One defendant sentenced to 40 yrs; other to 30 yrs. Affirmed. 51 EFTA01729535 .. , ., COURT - iC St: . ., , - "' ' • , -. - '• a k it ."- • "TPA,M400Iiiiibiii 0 , -•deiiok- . . ., ',C1141t0 ***U.S. v. Hornaday, Internet Internet chat room "Loving Families" 2422(b); 18 USC 392 F.3d 1306 (111h Cir. Stin e 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 ***Conspiracy 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 giyen 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. igi 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 EFTA01729536 . .. . COURT : CASES - ti80.00Y ..;c `.F,AACT'S/CoMMUNIGATION • : :CHARGE U.S. v. Grossman, Unpublished Internet Internet chat room "preteen, baby and 2422(b); 2241(c) 2007 U.S. App. LEXIS atligi 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 Showed up formeeting arrived. Conviction affirmed. U.S. v. Watson, Unpublished No No information available. 2422(b); 179 Fed. Appx. 663 (I l th Information Convicted of 2422(6) 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 (1 jib 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 EFTA01729537 ._.. COURT. • 'OASES'. '' , .: ,..: 'FACWITY , :,̀PACTSICO MI3 . ., . , 9..E . -.•:,... .., ..j. . .-4.5„a-.-a-.:•.: . -, •.:._ a .,,,:y.,• U.S. v. Haynes, Unpublished Internet Internet chat room "Young Teens for 2422(b) 160 Fed. Appx. 940 (11" Sting Older Men"; 39 yr-old initiated chat with Cir. 2005) "14 yr-old"; sexually explicit details as to how he would like to "lick her from Not Consummated 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) 145 Fed. Appx. 647 (11th agi implication is that this was internet Cir. 2005) communication with "13 yr-old" for oral • sex. Not Consummated Challenged 2422(b) constitutionality. Conviction affirmed. 54 EFTA01729538 COURT COURSP CASES :.'FkCat .. i.ikeTS/CQ 1VISC4I011-1 - ', j: . t • U.S. V. Scott, Internet Internet chat room for parents of young 2422(b); 2423(b); 426 F.3d 1324 (11th 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 EFTA01729539 . -- cOWAT, F CASIIS. r•.". . p. •• - .. Sl . 1.n.r At • :TAOS/. .th; It — .".:C. ":`, ""- •:;I:.t21;2.• ' 'IA Z'. !Pt:O*i_ efir, '": ; ,e r; .Lk' - i --;;ICEAAde. .... . • U.S. v. Blas, Internet 48 yr-old initiated Internet 2422(b); 360 F.3d 1268 (I 1 th 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 & $300 special assessment. Affirmed. 56 EFTA01729540 . • -., , COURT . ' CA5t$, ,- ;Ftiail.:Ifir ';• 4frifrielcilWilkstte:24-fitii‘i .. .• ".clitARG • ' :••;., •-it. '•-•• .7i14"-.1 7.4 :;.' • . .'' r';'. .,:**-._. U.S. v. Orrega, Internet Internet chat room; defendant said he 2422(b) Sting was 24 yrs-old & began communication 363 F.3d 1093 (11th Cir. 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 Showed up at meeting to have oral sex; arrested at meeting place. Court vacated & remanded because downward departure not warranted.. U.S. v. Panfil, Internet Internet chat room communications 2422(b) 338 F.3d 1299 (11th 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 constitutionalitS, 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 (11th 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 EFTA01729541 COURT ' ' 'IcAlttc''. '-: • ' .a. • P gt14) .0A tisliepMegarTro - 4 IFOTAR,VO: aZ • r: ' ,.../Ii, .. U.S. v. Root, Internet Internet chat room "I Love Older 2422(b); 2423(b); 296 F.3d 1222 (11ih Cir. Sting Men"; defendant engaged in explicit 2243 2002) sexual conversation with "13 yr-old student" deicribing sexual acts that he wanted to perform with her & have her Not Consummated ' 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. U.S. v. Burgess, Internet Internet chat room "barely legal 2422(6); 2423(b) 175 F.3d 1261 (11'h Cir. Sting females"; sexually explicit 1999) by private conversations; arranged to meet & citizen arrested when he showed up. Not Consummated Appealed conviction. Conviction reversed because court failed to give Showed up for meeting cautionary jury instruction about defendant's failure to testify. 58 EFTA01729542 . . .- i., coriPt • . CASES , K , ., ; , ' 'PA.0ttalfr .. ' ;ItAcD,S101104WIT0q10$,:,' - - CHARGE' • , • M1' U.S. v. Garrets, Internet Internet chat room as part of police 2422(b); 2252(a)(2); 190 F.3d 1220 (11th Cir. atgr 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. Tillmon, Internet Internet communications with "14 yr- 2422(b); 2252(a)(1) 195 F.3d 640 (11th Cir. Sting 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 EFTA01729543 COST. ' :cASES, _ ' • ACtLJTY : FACTS/071WAPSIOthiON • C 9 , .. 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 (1 Ph Cir. 2007) with 2-4 yr-olds. . Not Consummated Pled guilty but appealed 151 month sentence & $15,000 fine. Affirmed. • U.S. v. Hoss, Unpublished No No information available. 2422(b); 2241(c); 192 Fed. Appx. 867 (111h Information Appealed 260 month sentence. Affirmed. 2252 Cir. 2006) No Information U.S. v. Thrift, Unpublished No No information available: 2422(b); 2423(b); 205 Fed. Appx. 816 (11'h Information Appealed sentencing. Court affirmed 922(g)(I) & (2) Cir. 2006) sentencing except the lifetime No Information supervision for possession of firearm. M.D. Fla. U.S. v. Sterba, Internet Internet chat room. No specific details 2422(b) 22 F. Supp. 2d 1333 (M.D. Sting available. Fla. 1998) Indictment dismissed because of Not Consummated prosecutorial misconduct. 60 EFTA01729544 i' t COURT CoS S 6.CIO - :- :SYCO NPOWNI4 CT ION I% ' S.D. Fla. U.S. v. McDaniel, (Villafana Internet 19 yr-old contacted 12 yr-old & 2422(b); 470 F. Supp. 2d 1372 (S.D. case) communicated for 18 months; believed 2423(b) Fla. 2007) to be in love; traveled to meet girl who was 14 yrs-old by then and had sex; parents helped police find them at a Consummated hotel. Government introduced evidence that 2 other underage girls had had relations with defendant. . . • Pled guilty. Court wrote opinion to explain reasons for its departure from guidelines. U.S. v. Simo, Slip Copy No No information available. 2422(b) Slip Copy, 2007 WL In formation Report and recommendation that guilty No Information 1655399 (S.D. Fla. 2007) plea be accepted. 61 EFTA01729545 ._ . . _ ... COTIlkIt • • CA5g$• ••. - • 'Y •Il'AOTILITY' 1: . PAPIVOOMMONICATION,, - ::eHARgK . • • . S.D.N.Y. U.S. v. McDarrah, Internet FBI posted an ad on Craigslist 2422(b) 2006 U.S. Dist. LEXIS Sting advertising young girls for sex; 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 2007) Showed up at "girl's" yr-old girl; defendant arrested outside of house home where he thought "girl" lived. Challenged constitutionality of 2422(6) on its face and as applied. Appellate court ruled 2422 constitutional, but allowed defendant leave to renew his 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, Intinhiptiotie No information available. 2422(6); 2423 2005 U.S. Dist. LEXIS No Information 634 (S.D.N.Y. 2005) 62 EFTA01729546 COURT • . ). S:4e . ,.. - . ..!,.,.:. k _ FX01int. FACTSStCOMMUt`1ICATIQN' 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 lie 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 EFTA01729547 i'.COURT i CASES,: 4... I FACILITY i4tenSiCOMMUNICATIopt, . CHARGE - ---. . - -- - -. E.D. Va. U.S. v. Kaye, 451 F. Supp. Internet IM communications initiated; followed 2422(b); 2423 2d 775 (ED. Va., 2006); Sting by telephone calls from 54 yr-old male to U.S. v. Kaye, 2006 U.S. by private "13 yr-old boy"; sexually explicit Not Consummated Dist. LEXIS 54281 (ED. organization communications; arranged to meet for Va. 2006) sex; went to meeting & filmed by 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. U.S. v. Holtman, Slip Copy No No specific information available. 2422(b); 2423(6) Slip Copy, 2006 WL In formaon ti Defendant sought recusal because judge No Information 2796641 (E.D. Va. 2006) served as Chairman of the Attorney General's Commission on Pornography more than 20 years earlier. Denied. W.D. Mo. U.S. v. Flicks, Internet Defendant alleged to have used Internet 2422(b); 2423(b) 2005 U.S. Dist. LEXIS Sting & telephone to entice a minor; traveled Not Consummated • 36625 (W.D. Mo. 2005) to engage in sex act. • Showed up at meeting 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 EFTA01729548 egIllit 1 CASES, --- Fs ILI-- - ' enc: , , • . -CR GE U.S. v. Helder, Internet No information available. 2422(b) Sting Court held that 2422(b) requires actual 2005 U.S. Dist. LEXIS 38874 (W.D. Mo. under age not mere "belief' by defendant Not Consummated 2005),reversed, U.S. v. that underage; defendant discharged from Helder, 2006 U.S. App. pm-trial release and judgment of LEXIS 15995 (81h Cir. acquittal entered.Reversed on appeal. 2006) supra U.S. v. Spurlock, Internet Internet chat room "Daughters who 2422(6); 2423; 386 F. Supp. 2d 1072 atin 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 Showed up for meeting telephone; arrested at meeting place & 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 EFTA01729549 . . .. . , _ COURT . .• r - :l 4VS* • - , .!, , ' iiettiiii•H.:FACiPeoMMISOws.:110N: i c 9 • D. Me. U.S. v. Vasquez, Internet Solicited sex from 13 yr-old using 2422(b); 2423 241 F. Supp. 2d 34 (D. Me. Internet; arranged to meet for sex & 2003) traveled to meet; arrested at hotel —unclear if case initially sting operation Not Consummated see also but communications were recorded. U.S. v. Vasquez, Defendant appealed detention order; Showed up for meeting • 2003 U.S. Dist. LEXIS court affirmed and adopted the detention 2339 (D. Me. 2003) infra order and required pre-trial detention. U.S. v. Vasquez, No No information available. 2422(b) 2003 U.S. Dist. LEXIS Information Motion to exclude pre-Miranda • No Information 2339 (D. Me. 2003) statements and evidence from bag denied. N.D.N.Y. U.S. v. Johnson, No information available. 2005 U.S. Dist. LEXIS 52 Affirmed at 446 F.3d 272 (2d Cir. 2006) (N.D.N.Y. 2005) supra. In The Matter of The No No information available. 2422(b) Herald Company, Inc., Information Mayor charged with 2422(b) ; regarding 2006 U.S. Dist. LEXIS unsealing of affidavits in support of 11930 (N.D.N.Y. 2006) . No Information wiretap on cellular phone. 66 EFTA01729550 .... -,. . leauttli; .! ' CASES * 4. Lei:ti 14 ]+-.." j 'i ilk -Mee • Sra.. •- O 11aGE • U.S. v. Johnson, No No information available. 2422(b) 1999 U.S. Dist. LEXIS Informaon ti Defendant pled guilty but challenged 88 - 8819 (N.D.N.Y. 1999) month sentence recommendation; court See US. v. Johnson, imposed 88 month sentence 446 F.3d 272 (2d Cir. • Affirmed at U.S. v. Johnson, 446 F.3d 2006) . • 272 (2d Cir. 2006) supra. W.D. US. v. Dodd, Internet Internet chat room communications 2422(b) Tex. 349 F. Supp. 2d 1039 Sting 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. US. v. Jackson, Internet No specific information available other 2422(6); 2002 U.S. Dist. LEXIS Sting than use of Internet to lure minor boys 2252(a)(4)(B); 7253 6168 (N.D. Tex. 2002); see for oral sex. U.S. v. Jackson, 2002 U.S. Magistrate judge recommended vacating Not.Consummated LEXIS 539 (N.D. Tex. sentence of 180 months because trial 2002) for details of facts; court applied enhancement for criminal and US. v. Jackson, 69 sexual abuse as defined in 2241 &2242 . Fed. Appx. 658 (5th Cir. because prisoner's crime did not fall into 2003) and U.S. v. Jackson, the definition. • 2005 U.S. Dist. LEXIS 33111 (N.D. Tex. 2005) - 67 EFTA01729551 COVAT . • .CASES: .-. , ' '‘' 61'itifie . . RAtCTSLCO`MiiiiS d4TiON K CHARGE U.S. v. Jackson, Internet Defendant placed an ad on an Internet 2422(b) 2002 U.S. LEXIS 539 Sting site looking for boy to have oral sex; (N.D. Tex. 2002) continued graphic conversations with "boy" for months describing sexual acts Not Consummated 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. N.D. Ill. U.S. v. Barked, Internet Communications over Internet; arranged 2422(b); 2423 2004 U.S. Dist. LEXIS a ,g to meet & traveled to meet "15 yr-old" 27162 (N.D. III. 2004) for sex; arrested at meeting. Not Consummated Defendant's motion to dismiss denied. • U.S. v. Ecln, Internet No information availablefacts. 2422(b) 2001 U.S. Dist. LEXIS Sting Defendant's motion to dismiss on ground 25970 (N.D. Ill. 2001) that "knowingly" in statute applies to age Not Consummated of the victim denied. 68 EFTA01729552 . ... ... _ ic4.. . . - .. . - : , . _. . ... - , _ • --. COURT . f s$ On - a IACT8/COiVIIVIONICilitIok • - a. ND U.S. v. 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 atin 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 EFTA01729553 . . . COURT : c CASES : .. , •rPACILEINP .P4CI:S/O1)41ONICAtI0N • :: •CHARGE - D. Neb. U.S. v Jackson, Internet Internet chats with "14 yr-old"; 2422(b) Sting arranged to meet for sex; drove to 2007 U.S. Dist. LEXIS Not Consummated 33639 (D. Neb. 2007) • meeting place with his daughter; left but police arrested him at his home.. State charge of conspiracy of sexual Showed up for meeting * State Conspiracy charge assault dropped because leo conspiracy but left dropped, no federal charge allowed in Nebraska with conspiracy 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" 2422(b) 2007 U.S. Dist. LEXIS Stir's, ___. followed by telephone calls; sexually 2812 (N.D. Ind. 2007) explicit conversations regarding masturbation. Not Consummated Defendant ordered detained without bail. 70 EFTA01729554 ,, . i .. p.3, ,o. ib.Lia. 1.±-. : .:-.- 7 , " . - mi.: ...*.e - ,- , •• CdURT -A _ . 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. Internet Sexually explicit Internet 2422(b) Stt° communications with "13 yr-old"; 2006 U.S. Dist. LEXIS 92609 (ND. Ind. 2006) masturbated in front of webcam & encouraged "minorto 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 EFTA01729555 . • COURT ; ,-"CAS • ' - •faITY --1 iii'AO1VOOMMUNIOUJOK:, . ':CRAR.G.4 • . -. • . E.D. Pa. *U.S. v. Bianchi, No 2422(b); 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 conduct in foreign places in violation of * conspiracy *Conspiracy 18 U.S.C. § 2423(e). 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) Sting elementary school engaged in sexually 2004 U.S. Dist. LEXIS 19160 (ED. 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 EFTA01729556 0:00 ., •' CASES. 1, , - P FACILITY• . -,Piketglcial4patigfciaroN :cuact • U.S. v. Tykarsky, Internet Internet chat room "Iloveoldermen2" 2422(6); 2423 2004 U.S. Dist. LEXIS tin defendant initiated communications with 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 Showed up for meeting arrangements to meet for sex; arrested at 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 2422(b); 2252 268 F. Supp. 2d 514 (ED. corresponded with "7' 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 EFTA01729557 vn COURT. .,. .° . CASES ::, , t ?F:WelTATIV - 4:4407VOCINIMUlltta - G ..i • ' . . — M.D. Pa. U.S. v. Garcia. Unpublished Internet 55 yr-old man established contact with 2422(b); 2423(b) 14 yr-old on the Internet — through IM 2005 WL 1862409 (M.D. Pa, 2005); & emails; when their 14 yr-old daughter was absent from school her parents Consummated 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 (3rd 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 W.D.N.C. **SUS. v. Howard, Prostitution No specific information other than case 2422(b); 2423; 2006 U.S. Dist. LEXIS involved interstate and underage 1956 67214 (W.D.N.C. 2006) prostitution, money laundering, crack distribution & firearms possession. • ***Conspiracy/Pimps . No Information Defendant's motion for new trial denied. ***Conspiracy/ Pimps 74 EFTA01729558 ,7,-... k.. „ .., • _%.-L,..,--- • .2 COURT ' - ‘.,-: ' CAS .1y- " • :.FAOIL A, :.1trCFStc 1.4,11,O4 • , "..; •MO 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- 25920 (N.D. Ohio 2006) old" and set up plans to meet for sex with both mother & daughter; traveled from Not Consummated 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. G.D. Cal. U.S. v. Carter, Internet Internet chat room "preteen parents 2422(b) 2006 U.S. Dist. LEXIS Sting who share"; defendant wants to have sex 22501 (E.D. Cal. 2006) with daughter while mother watches; Internet email & chat room & telephone Not Consummated 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(b) only regulates conduct not speech. 75 EFTA01729559 , ..,... .. ._.:. . . • COURT .' CASES . FACILITY .• FACTS/COMMUNIC4TIQN ;,C . OE E.D. Wis. U.S. v. Davidson, Internet No information available but appears to 2422(b); 2423; 2006 U.S. Dist. LEXIS Sin showed up for meeting arranged through 2252(a)(2) & (a)(4)(B) 95757 (ED. Wis. 2006) Internet. Constitutionality of 2423(b) upheld; Not Consummated neither statute requires actual minor; indictment need not specify the sexual conduct upon which it is based. U.S. v. Doyle, Internet No information available but appears to 2422(b); 2423; 2007 U.S. Dist. LEXIS ti_qg have showed up for meeting arranged 2252(a)(2) & (a)(4)(B) 1 1429 (E.D. Wis. 2007) through Internet. Not Consummated W.D. Va. U.S. v. Jabbour, Internet Numerous online chats with "mother" of 22422(b); 2423(b); 2007 U.S. Dist. LEXIS Sting young girls interested in arranging sex; 2252A(a)(5)(B) & 13659 (W.D. Va. 2007) arranged to have sex with girls and (b)(2); and 2256(8)(A) traveled to do so; computer revealed Magistrate judge report videos & photos of adult/infant, and recommendation adult/minor, minor/animal sex. Not Consummated (adopted by 2007 U.S. Dist LEXIS18262 (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 EFTA01729560 COURT - CASES -:.:,i4CIbrry'• E. FACTS(COM)VIUNIc4T1ON CHARGE DC U.S. v. Curtis, Unpublished No No information available. 2422(b; 24230)); 2421; 2005 WL 3312951 (D.D.C. Information Found guilty. Defendant's motion for 2252(a)(1); 2252(a)(1) 2005) new trial denied. & (a)(5)(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, Internet and mail No Information Conn. 1997) Pre-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 EFTA01729561 COtLJRT .:. CASES ,,. - •i-:..• tAcIfint .j' , 1APISCOMMEINICATION:::.: # • :Crtagg - U.S. v. Sweeney, Internet Internet chat room 2422(b) Sting "Ilovemucholdermen"several explicit 2006 U.S. Dist. LEXIS 73025 (D. Conn. 2006) conversations of sadistic sexual behavior with "13 yr-old"; arranged to meet Not Consummated "minor" and arrested when left his home to do so. Attempted to show up 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 judgment for respondent. N.D. Al. U.S. v. Powell, Internet No information available. 2422(b); 2423(b) 1 F. Supp. 2d 1419 (N.D. Sting Motion to dismiss indictment denied. Ala. 1998) Not Consummated W.D. La. U.S. v. Kretser, Internet Internet chat during which defendant 2422(b) Sting told "minor" they would be going to a 2007 U.S. Dist. LEXIS 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 EFTA01729562 •ODUIFtt- . .r.CASM. ,-- '.F7KcDATY 'F' .iLictgiCOINI DlifCAtiolt - • :.ctaithe -;,......•:;;;,-„, ' W.D. DI. U.S. Y Miller, Internet Communications with undercover agent 2422(6) and Sting — method not specified; arranged to meet transporting child 102 F. Supp. 2d 946 (ND. and was arrested. . pornography III. 2000) Not Consummated Wis. State of Wisconsin v. Internet Internet chat room; sexually explicit 2422(b) Robins, 646 N.W. 2d 287 Sting conversations; sent photos depicting self (Wis. 2002) erect & of other minor boys masturbating; arranged to meet to have Not Consummated 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. N.D. Ind. U.S. v. Ronhselang, Internet Met "13 yr-old" online; sexually explicit 2422(b) Sting chats; admitted to having sex with 2006 U.S. Dist. LEXIS 62024 (N.D. Ind. 2006) another young girl; suggested he take photos; arranged to meet for oral sex; Not Consummated arrested at meeting place; had camera in his possession. Showed up for meeting Defendant ordered held without bond. 79 EFTA01729563 • COURT . . • . CASES - - • . -..: : 'It:AMOY:. ,,PAcT57.001mIggeATION . -cSARO U.S. v. Fuller, Internet 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, Internet Internet chat room communications 2422(b) 2006 U.S. Dist. LEXIS Sting with "15 'A 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) Stin yr-old"; arranged to meet for sex; offered 2006 U.S. Dist. LEXIS 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 EFTA01729564 COURT .: . CASE , - ' FACILITY FAcTsiommoicATION, ,..) .cgARqz ... .: W.D.N.Y. U.S. v. Friedman, Internet Internet communications with 14 yr-old 2422(b); 2423(b) 2006 U.S. Dist. LEXIS victim trying to entice her to have sex; [miscited in case as 59445 (W.D.N.Y. 2006) misrepresented his age as 18 yrs-old 4243(b)] 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 No Information of sentencing guidelines post Booker; court denied defendant's motion to impose sentence without reference to sentencing guidelines. 81 EFTA01729565 , . COVRt • CASES`;,- - • SM .!. FACtSrOjitilits11O,i I0N,, - - - , 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(b) granted because consensual sex with 16 yr-old is not criminal sexual conduct defined by 109A. 82 EFTA01729566 coURT * CASES • '. - VA.004TY- '• • • . ,,VA.CTS/COM ivittiVICAtf50' , ::• -CcfrAlIGC U.S. v. Riccardi, No No specific information available other 2252(a)(4)(B); 2422(6) 258 F. Supp. 2d 1212 (D. Information than ; telephone calls to 3 different minor Kan. 2003) males. No Information Defendant found guilty & Bled motion 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(b) 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. US. v. 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; Not Consummated Defendant contested "illegal state arrest"; Motion to suppress denied. Showed up for meeting. 83 EFTA01729567 . . . .. , , . .,. . .. . 1- • . ... • COURT CASES...: . - .,... *AMOY liACY'S/OOMIVIUSCATION . Ca - G .• ... •• • .- .... A.F. Ct. U.S. v. Filipkowski, Unpublished Internet Internet chat room "M4M"; 2422(b); 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. Moffett, 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. Honzik, 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 EFTA01729568 • ,Ceitat ... AS . •F:400411 .F '.:,, FACSI.cOmmusrallt? ,ert-4110E U.S. v. Larson, Internet Contacted "14 yr-old" through Internet 2422(b); 10 64 M.J. 559 (A.F. Ct. Sting instant message service; turned U.S.C. 880, 892 & Crim. App. 2006) conversation towards sex; asked if she 934 would meet for sex; arranged to meet for sex; arrested when he showed up. Not Consummated Sentence 9 years. Conviction affirmed but sentence reduced to 6 years. Showed up for meeting U.S. v. Gray, Unpublished Internet Internet chat room conversations; 2422(b); 10 2006 CCA LEXIS 130 Stine propositioned "14 yr-old"; arranged to U.S.C. 880 & 934 (A.F. Ct. Crim. App., meet for sex; arrested when he went to 2006) her house. Not Consummated Conviction of indecent exposure set aside; all other convictions affirmed. Showed up for meeting U.S. v. Amador, Unpublished Internet Chatted with "13 yr-old" on several 2422(6); 10 61 M.J. 619 (A.F. Ct. Sting occasions; arranged to meet at mall; have U.S.C. 920 & 934 Crim. App. 2005) sex; shower & go to dinner; arrested when he showed up at the mall. Not Consummated Showed up for meeting 85 EFTA01729569 - • . -, . COURT - :CASES' . .• :2 .., • :TAO UM> :. ,FACT/COMMIiiNIOATION-.: • l'• ' Navy- U.S. v. Boggs, Unpublished Internet Internet chat room, email & telephone 2422(b), Marine Sting contact; sexually explicit conversations; 2252A(a)(5)B); 10 2007 CCA LEXIS 196 (N- Ct. M. Ct. Crim. App. 2007) by private arranged & traveled to meet for sex; U.S.C. 880 & 934 Crim. organization arrested at meeting place. Sentenced to 8 years, dishonorable Not Consummated App. discharge & reduction in pay grade • found unreasonably severe & reduced to 3 years. Showed up for meeting U.S. v. Heisler, Unpublished Internet Emails with several minor boys; Article 134, UCMJ 2005 CCA LEXIS 131 (N- igi arranged to meet "15 yr-old boy" for sex; (which incorporates 18 M. Ct. Crim. App. 2005); arrested at meeting. U.S.C. 2422(6)) & 134; Appellate court affirmed conviction. 10 U.S.C. 880 & . Affirmed at 934 U.S. v. Heisler, 64 M.J. 82 (C.A.A.F. Not Consummated 2006) • Showed up for meeting U.S. v. Proctor, Unpublished Internet 19 yr-old contacted "12 yr-old" & "14 2422(b); 10 Sling yr-old" over several months; sexually U.S.C. 886, 891 & 934 2007 CCA LEXIS 187 (N- M. Ct. Crim. App. 2007) by private explicit conversations; arranged to meet organization for sex but did not show. Not Consummated Conviction and sentence affirmed. 86 EFTA01729570 i i 4 . ilitifti:.‘•! C. 17. fi•i 7t rnt-4:7*:': '' ;I; ' -.. '' ' F#61O1,1: i At ifSft.P s ' M . .1:''-'lac ; , -,-- •T;t14 i- t ... ' 't 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 & intern et Internet Sting began; he continued • Not Consummated Sting contact & arranged to meet for sex and told her to bring "8 yr-old" neighbor; Showed up for meeting arrested in hotel where supposed to meet. Conviction affirmed. 87 EFTA01729571 I LEFCOURT'S LIST EFTA01729572