EFTA00189254

## Villafana, Ann Marie C. (USAFLS)

<table border="1"><tr><td>From:</td><td>Levy, Mike(USAPAE)</td></tr><tr><td>Sent:</td><td>Tuesday，December 18，20079:54AM</td></tr><tr><td>To:</td><td>Villafana，Ann Marie C.(USAFLS)</td></tr><tr><td>Subject:</td><td>RE：2422(b)based upon telephone contact</td></tr><tr><td>Attachments:</td><td>Second Superseding Indictment.wpd</td></tr></table>

Look at counts 11 and 12. Defendant was convicted.



-----Original Message-----





-----Original Message-----

From: Villafana, Ann Marie C. (USAFLS)

Sent: Tuesday, December 18, 2007 9:07 AM

To: USAEO-PSC-Coordinators

Subject: 2422(b) based upon telephone contact



Hi everyone -- Sorry to trouble you, but I have a defense attorney who is claiming that NO ONE has ever been prosecuted anywhere in the United States for a violation of 2422(b) based exclusively on the use of a telephone as the facility of interstate commerce. I know that is false because I have prosecuted two of these, but it would be really helpful if you could provide me with examples of other cases throughout the country.

Thank you so much.

A. Marie Villafaña

Assistant U.S. Attorney

500 S. Australian Ave, Suite 400

West Palm Beach, FL 33401

Phone 561 209-1047

Fax 561 820-8777

2235



08-80736-CV-MARRA


P-014467