Draft: efta00079409

LAw 0.74=1 or GERALD B. Lnrcounr, P.C. A PROFeSSIONAL CORPORATION 1493 CAST TB" STREET NEW YORE, NEW YORK 10021¶

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SHERYL E. REICH riBlialloROWEWN:orn RENATO C. STABILE altRINBIeBoustar tom rainy¶

TELEPHONE la 1E)7370400 m ailman¶

July 25, 2007¶

BY HAND¶

Chief of the Criminal Division The United States Attorney's Office Southern District of Florida 99 NE 4 th Street Miami, Florida 33132¶

Jeffiry Epstein¶

Dear• Mr. Menthe':¶

U.S.C. We have previously provided you with a memo as to why we believe no charge under 18 §2422(b) could or should be brought against Jeffrey 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 language of the statute would have to be stretched beyond recognition to fit the particular facts of Mr. Epstein's ease.' Enclosed is data that strongly supports the arguments we previously made. We have thoroughly analyzed every prosecution brought under the statute for which data could be obtained. Based on that analysis, we submit that the prosecutions actually brought under the statute overwhelmingly confirm the limits to prosecution we have previously identified.2¶

Principal For several months, we have also been consulting on this matter with Stephanie Thacker, former Deputy Chief, Department of Justice, Child Exploitation & Obscenity Section. Ms. Thacker be supports brought our position without reservation that this is not a matter upon which the federal statues should with her. to bear. Ms. Thacker would also welcome any questions or concerns you would like to raise¶

Please note that the enclosed chart amends the one provided to you earlier this week by adding additional details recently located.¶

LAW orricts er GERALD B. Lnrcount. P.C.¶

sup Chief of the Criminal Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 2¶

For example, of the 184 prosecutions §2422(b), in which at least one count alleges a violation of interstate communication in the overwhelming majority of those cases — 160, or over 85% — the "means" of different was the Internet and involved the classic "Internet trolling" — far operations from the behavior alleged here. Of that subset, the vast majority -- 113 -- were "sting" government involving "children" (actually, agents) said to be between 2 and 14 years of age. The were undertaken in each of those instances took every precaution to verify that the defendant's actions "knowingly". case being brought, the extent we can determine the facts, it appears that prior to a there could be no in each instance multiple explicit (and recorded) conversations were had, so was of question as to when the inducement was attempted, whether the inducement . victim. explicit Again, unlawful sexual activity, or what the defendant's belief was as to the age of the this has no applicability to the facts alleged here.¶

The data is informative which in other ways, as well. Though there are a handful of cases in only two the such telephone is one of a multiple of means of interstate communications allegedly used, in means of cases, both far different from the facts here,[ was the use of the telephone the sole the wrongdoing alleged. In the remaining one of several telephone cases, the §2422(b) count is only like. amongst various charges of possession of child pornography, violence, and the¶

sexual activity The data was from the chart also establish that in the vast majority of the cases brought, no focused on protecting actually consummated. That confirms that prosecutions under 42422(6) are from being the federal interest in preventing the means of interstate communication difficult used to commit crimes, particularly with respect to activities that are traditionally as a "hook" for the state to prosecute. A prosecution predicated on an incidental telephone call used to trigger federal jurisdiction activity in order to punish a defendant for the underlying sexual that have is ever well been out of, brought. not only the mainstream of 42422(6) prosecutions, but all §2422(b) cases Here, the state is fully able to prosecute the conduct alleged.¶

We understand telephone calls were that the government believes it possesses proof that on various occasions allegedly made on Mr. Epstein's behalf by other persons who allegedly¶

As detailed in the introductory section to the chart, among the differences are that those cases pimps who conceded that involve that the arrangements being their made businesses hinged on the use of telephones. Moreover, it is unequivocal are for sexual activity with underage women.¶

LAW OFFICCS Of Gam•*n B LEPcourr. P.C.¶

afialninal Division The United States Attorney's Office Southern District of Florida 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 government the might interactions by repeatedly calling to schedule massages. If the calls on which the would seek to rely were merely "return" calls, certainly any alleged "inducement" known be by far Mr. from Epstein unambiguous. And of course, the woman who called would have to have been intended to be under 18, and further, Mr. Epstein would have to have known and that a specific sexual activity unlawful under Florida law was being induced.¶

violation Thus, contrary to there being unambiguous proof of the required elements of a §2422(b) in this case, at least the following defects exist:¶

because First, it is hardly the case that every massage resulted in sexual activity. Thus, merely dispute), there such was a telephone call, even one that might have "induced" a massage (which we telephone call is not tantamount statute. to the use of a telephone in violation of the¶

Second, even where a particular massage touching of a woman, we involved masturbation by Mr. Epstein or the law. dispute that any such conduct is a violation of any applicable Florida¶

exampl focused on the evidence which reflects the sworn statement of, for told state investigators 18 and Me that she was asked to find women between Mr. Epstein with topless massages and which sometimes their being involved and touched. Fla. Stat. Ann. §796.07, a general statute which proscribes "prostitution" applicability "lewdness", regardless of whether an adult or minor is involved, is of very limited may be evidence, here. That statute's definition of "prostitution" excludes conduct of which there Section 796.07(1Xa) specifically, defines a man masturbating himself while touching the breasts of another. activity "prostitution" as the giving or receiving of the body for sexual for hirc. "Sexual activity" organ of another is defined to include "the handling or fondling of the sexual situations where a for woman the purpose of masturbation". Thus, "sexual activity" appears to cover masturbates himself is paid to masturbate a man but excludes the situation where the man in the presence of a woman. Any other reading of this statutory would raise constitutional language problems of fair warning, vagueness and lenity.¶

LAW o•ICCS or GERALD 13. LEVCOURT. PC¶

Chiefo the Criminal Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 4¶

We are, of course, mindful of the fact that, unbeknownst women were to Mr. Epstein, some of the Mr. Epstein's in fact not yet 18. It is certainly not clear that any state statutes were violated by sexual activity conduct with with any of these women, either. Florida law criminalizes relatively little the laws regulating persons between the ages of 16 and 18. For example, it is not a violation of topless or even naked. sexual activity to receive a massage from a person between 16 and 18 who is between See Fla. Stat. Ann. §800.04 (lewd and lascivious conduct with a child other private the age of 16 and 18). Nor does that statute make it a crime to touch the breasts or committed, which areas we of someone between 16 and 18. Id. And, of course, even if a state crime was could be proven surely do not concede, that does not make out a federal crime, unless it that the defendant knowingly induced an illegal act over the telephone.¶

in what Moreover, may at best, the proof would show that only a small minority of massages resulted even where a possibly massage be characterized as sexual activity with a woman under the age of 18. But did not know involved sexual activity with a woman under 18, to the extent Mr. Epstein Epstein did not the woman was under 18, or the telephone call did not induce the activity, or Mr. the person arranging intend the sexual activity at the time the telephone call arranging the massage, or additional the massage did not intend the sexual activity, there would be multiple barriers to a successful prosecution.¶

merely that Further, he putting aside whether there is sufficient proof that Mr. Epstein knew (and not facts hypothesized "should have" surmised) that any of the women wore in fact under 18, the set of prosecution above has never before provided a legally sufficient predicate for a under §2422(b) - or under any other federal statute.¶

The enclosed chart clearly and compellingly demonstrates alleging a violation that every charge brought of §2422(b) speculative) evidence is characterized by direct (not circumstantial and certainly not interstate communication of the defendant himself (not others on his behalf) using the means of to communicate an unambiguous underage or in the case of inducement to a person known to be behalf of such person) during a sting, represented to be underage (or a person thought to be acting on the very• communication that constitutes federal jurisdiction. the required basis for¶

LAW OF/PICCO OP GERALD B. LEFCOURT. P.C.¶

FCr e₹ o Criminal Division The United States Attorney's Office Southern District of Florida July 25, 2007 Page 5
¶

To our knowledge, the current investigation lacks any direct (or even circumstantial) proof that an inducement was made by Mr. Epstein during the pivotal communication the very heart of that is at Epstein any potential §2422(b) charge. Even if the government contends that Mr. separation induced of unlawful sexual activity at some point, face to face, after a telephone call, the the communication and the inducement outside takes Mr. Epstein's alleged misconduct the ambit of federal prosecution. It would be unprecedented chart demonstrates, (and unprincipled), as the doubt both to prosecute Mr. Epstein under §2422(b) absent proof beyond a reasonable that he knew the age of the person and that he intended in that communication induce to sexual activity that is unlawful under Florida law. It would also be unprecedented prosecute Mr. Epstein to direct proof under §2422(b) based on a telephone call made by a third party without that Mr. Epstein intended that telephone call to induce unlawful sexual activity.¶

follow up For all of these reasons, as well as those asserted at the meeting of June 26 and in our charge under letter dated July 6, 2007, as well as our earlier letter of June 25, we submit that no discuss 18 U.S.C. §2422(b) can be brought. If you have any questions or would like to this liuther, we are available.¶

Very truly yours,¶

Alan M. Dershowitz¶

cc: Lilly Ann Sanchez, Esq.¶

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" involves by sexual communications predators. Out of a total of 184 cases listed in the chart below, the overwhelming majority — 144 cases where using the Internet. Of those cases, 115 involve the classic "Internet Sting" operations 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. In 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, Cir. e.g., U.S. v. Pisman, 443 F.3d 912 (sr Cir. 2006) (2423(b) conspiracy); U.S. v. Pipkins, et al., 378 F.3d 1281 (11th 2004) (RICO conspiracy); U.S. v. Hornaday, 392 F.3d 1306 (11`" Cir. 2004) (conspiracy charge was error); 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).¶

br(		'	FACILITY •	FAciagautgaugiN	CHARGE
1" Cir	. v. Dewire U S , 271 F 3d 333 (1" Cir 2001)		Internet	instant AOL (1M) message communication with "12 yr-old"; sexually explicit conversation the , at end of which defendant arranged to "12 meet yr-old" at restaurant In a reality communications with adult were an swim team coach who had been using the girl's computer; coach turned print of out conversation police to who over observed defendant entering and leaving the restaurant and arrested him Sentence 13 months; appeals conviction & sentence Affirmed	2422(b) Not Consummated Showed for meeting up

s -	14/H ?3c4 k2iitats t: ' - , kr , --,,,,,stottra% ,, 4 ? ite ,. , 4 - , ,,,	;i: At: f - 443 , .,,,,,,,,,	T ,, - A n .-, .,	i'26 0 6AulthalienT - . 4- ''S
	v. Gravenhorst U.S. , 2006 U S App LEXIS 32373 (1st Cir 2006); vacating 377 F 3d 49 (In Cir 2004)	Unpublished	Internet	-;,.qaai•! ' a of email by use 45 yr-old male to proposition 4 16 yr-old girls& under one 16 yrs-old to in engage with him; sex defendant pretended to be 19 yr-old and sent numerous graphic emails asking minors for also sex; sent sexually charged images them to — including couple engaging in and sex erect an penis Sentence vacated in light of Booker	•:). • • ;'-': - t-• $••- 2422(6); 1470; 14 62 No Information
2nd Cir	U S . v. Friedman , 139 Fed Appx 330 (2nd Cir 2005)	Unpublished	Internet	Email communications with actual 14 yr old; defendant arranged to meet and actually met 14 yr-old girl and engaged in "sexual touching"; interrupted by security guard at mall; instant messages reflected defendant's intention to present himself to the meeting upon 14 yr-old in aroused an state they once met; defendant found with condoms in his car; & when arrested photos found were on his digital camera, of which one he had sent to the 14 yr-old via email Conviction affirmed but 81 month sentence vacated to be reconsidered in light of Booker	2422(6); 2423(6) Consummated

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	U.S. v. Weisser , 417 F 3d 336 (2nd Cir 2005)		Internet Sting	AOL IM chats (over 6) between 45 yr- old male from San Francisco and "II yr- old male" in NYC; discussed in graphic language the kinds of previous sexual activity he had engaged in with other minor and males those he planned to in with the "11 yr-old" engage ; defendant arranged the "boy" to meet at a hotel in NYC; talked on the telephone twice (calls recorded); requested photos verify to made detailed plan for age; "11 yr-old" skip to school and stay with him hotel at in NYC; defendant "1 sent I yr old" his flight and hotel information and waited for "boy" in hotel where room arrested; police found defendant with sexual paraphernalia CD and in computer containing child which had been porn created from images downloaded from defendant's computer 210 month sentence remanded be to	2422(h); 2423(b); 2252A(a)( I ) Consummated Not Showed meeting up at
				reconsidered in light U S of . v. Crosby , 397 F 3d (2d 103 Cir 2005)

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	v. Minnici U.S. , 128 Fed Appx 827 (2nd Cir 2005)	Unpublished	Internet Sting	Defendant drove 170 miles engage in to sexual activities with "13 yr-old" after engaging in 1M chats , and telephone conversations; N chats Defendant found be in possession to of graphic photographs Defendant also engaged in IM chats with "14 yr-old" during which he expressed desire travel her; to to meet IM also other chats where defendant described "coaching" high-school girls in sexual photo of terms; grown man masturbating in front of a 2 yr-old "Addictive" of Internet nature communications with minor warranted pre-trial detention and revocation of bond	2422(b); 2423(b) Not Consummated

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U.S. V. Brand , 467 F 3d 179 (2nd Cir 2006)	Internet aga	Internet chat room; civilian posing as "13 yr-old girl" in "I Love Older Men" chat room; defendant proposed they meet and he "hug" her and they could fool around and "do it all"; offered "teach to her" how have to sex and "how be to a woman"; civilian turned chats over to police; defendant used the telephone to plan and for arrange to meet sex; arrested when he showed up. Police found child porn on his and computer condoms in his car.	2422(6); 2423(b) Not Consummated Showed meeting up at
U S . v Miller , 148 F 3d 207 (2' Cir 1998)	Neither , possibly cell phone & beepers	Gang members; pimp recruited underage girls for prostitution and traveled interstate with them	2422(6); 2423(b) No Information
U S . v. Johnson 221 F 83 3d (2nO Cir 2000)	Internet	Internet with 3 contact minor separate girls and traveled to engage in illegal sexual conduct Pled guilty travel to from MA NY; to VA MD; & to VA MI to to 13 meet yr olds & have sex; and convincing minor travel from to MD VA have to to oral sex with him; all through the Internet Pled guilty — 88 month sentence Affirmed	2422(b); 2423(b); 2252(a)(1) & (a)(4)(B) Consummated

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3" Cir.	U.S. v. Lee, Cir. 315 F.3d 206 (3rd 2003)		Internet	Internet chat room"GirlsandOlderGuys"; 30 yr-old contacted minor in chat room; met actual 15 year-old in chat room; arranged to have her travel to meet him; they met and engaged in sexual acts. Also attempted to meet other minors online to engage in sexual activity; transmitted child porn online. Pled guilty to 2252A and 2422(b) and sentenced to 57 months; appealed sentence requiring supervised release condition requiring random polygraph testing. Affirmed.	2252A(a)(l) & (b)( I); (a)(5)(B) & (b)(2); 2423(b); 2422(b) Consummated
	U.S. v. Awwad, 184 Fed. Appx. 201 (3" Cir. 2006)	Unpublished	Internet sling	Case involved typical Internet sting operation. No specific facts available.	2422(b); 2423(b) Not Consummated

U.S. v. Hlavac, Slip Copy, 2006 WL 3368897 (3rd Cir. 2006)	Slip Copy Not for Publication	No Information	Defendant arrested for having sex with a 2 yr-old who was offered by the mother. Appealed 240 month sentence. Affirmed.	2422(b); 2423(b) Consummated
U.S. v. Garcia, Slip Copy, 2007 WL 986874 (3'd Cir. 2007); see also U.S. v. Garcia, 2005 WL 1862409 (M.D. Pa. 2005)(Unpublished) infra	Slip Copy Not for Publication	Internet	56 yr-old male met 14 yr-old on Internet; traveled to meet her for sex and had sex with her. Pled guilty but appealed 100 month, 5yr supervision & fines. Affirmed.	2422(b); 2423(b) Consummated
U.S. v. Tykarsky, 446 F.3d 458 (3'd Cir. 2006)		Internet Sting	Internet chat room "Iloveoldermen2"; defendant initiated IM chat with "14 yr old"; indicated interest in having sex with her; contacted the "14 yr-old" on at least 8 different dates& described in explicit detail sexual acts he hoped to 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).	2422(b); 2423(b) Not Consummated Showed up at meeting

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4'h Cir	U S . v. Bray , 133 Fed Appx 80 (4'h Cir 2005)	Unpublished		Challenge to sentence of 168 and 180 months for 2 counts of 2422(b) conviction and 60 month conviction for marijuana possession — all but 24 months be to alternative concurrent or sentence of 204 months affirmed - court sentence	2422(b); 21 USC 841 (marijuana possession ) No Information
	U S . v. Taylor , 6 Fed Appx 174 (4th Cir 2001)	Slip Copy Not for Publication	No Information	No information Appealed 71 month sentence Affirmed	2422(b); 2423(b) No Information
	U S . v. Kaye Slip Copy 432007 WL , 1978226 (4`h Cir 2007)	Slip Copy Not for Publication	Internet Sting by private organization	Internet communications by 54 yr-old male with "13 yr-old male"; defendant told "13 yr-old" he "prowling for was men" the Internet; young defendant on emailed explicit photos of himself naked and having oral with another sex male; defendant engaged in several sexually explicit chats with "14 yr-old"; arranged to "14 meet yr-old" for when sex; defendant arrived he by met was "Dateline" instead Conviction crew & sentence affirmed	2422(b); 2423(b) Not Consummated

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V" Cir	U S' . v. Earner , 251 F 3d (5'h 510 Cir 2001)		Internet Sting	Defendant "I4 met yr-old"through 1M chat; defendant kept in contact with her through Internet and attempted to entice "14 yr-old" have to sexual relations with him; engaged in IM chats and telephone conversations for three months; through Internet arranged to meet at restaurant to have drove to sex; restaurant and was arrested	2422(6) Not Consummated Showed up for meeting
				Legal impossibility a defense not
	U S . v. Cherian , Fed 58 Appx 596 (5'" Cir 2003)	Unpublished	Internet Sting	Internet chat "Mom room and Daughter Sex"; defendant initiated conversations with "mother of 13 yr-old"; 13 over months communicated with her relating sexually explicit details of sex experiences and preferences with the "13 yr-old"; arranged to "13 meet yr-old" for and sex arrested when he showed up. Conviction affirmed	2422(b); 2423(b) Not Consummated Showed up for meeting
	. v. Berger U S , 119 Fed Appx 658 (5'h Cir 2005)	Unpublished	No Information	No information Pled guilty 2422(6); to appealed plea and sentence Appeal dismissed	2422(6) No Information

Ire -	47 - -• a			. , _
U S v . Ixaorre , 61 Fed Appx 557 (5" Cir 2003)	Unpublished	No Information	No information Sentence restriction that prohibits defendant from "visiting any areas near schools day-care centers" , after release from 105 imprisonment affirmed	242204; 2423(6) No Information
U S . v. Armendariz , 451 F 3d 352 (5th Cir 2006)		Internet Sting	Internet chat room"Lil Boys for Older Men"; 38 yr-old man entered & contacted minor "boy" through chat room describing sexual he encounters would like have with to the "boy"; claimed he would like teach to the "boy" how perform to sexually; later used phone to continue and contact arranged for to meet sex; arrested when he showed up for the meeting Computer analysis showed that he had corresponded with at least 4-5 other actual minor males but had never attempted have to sex w/ them Government contested failure require to supervision upon release after 60 month sentence; sentence vacated and remanded be did court consider not the guidelines in requiring not release	2422(b) Not Consummated Showed up for meeting

		4-1 14*Z PIVI :e.6		i,
U.S. v. Wise 447 F 2006)	, 3d 440 (5ih Cir		Internet	Internet chat 38 yr-old room; from Texas established Internet contact with 13 yr-old; defendant lied about his age because he knew 13 yr-old was not interested in sexual relationship with someone his age; IM chats and telephone got more and more sexually explicit; defendant and 13 yr-old discussed talked they would sex acts perform together; defendant asked her send to explicit nude photos of herself; arranged travel to to for sex and meet recorded encounters; least met 3 on at separate occasions and performed sexual & took acts non-sexual & sexual photos Contested 168 month because sentence of "grouping" in pre-sentence report. Affirmed	2422(6); 2423(b) Consummated

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6th Cir	. v. Smith U S , 20 Fed Appx (6th 412 Cir 2001)	Unpublished	Internet	, Internet and telephone communications between 42 yr-old an d16 yr-old girl; the two and met had sexual relations; when the 16 yr-old tried end the to relationship the defendant threatened , and physically abused hergirl; police in undercover investigation engage Challenged use of prior felony convictions to enhance sentencing to 150 months Affirmed	, , , 2422(6); 2423(6); 2252 Consummated
	U S . v. First , Slip Copy 2007 WL , 1700818 (66' Cir 2007)	Slip Copy Not for Publication	Interne( sling	Internet communications between defendant and"mother of under age girls"; defendant expressed interest in having with "daughters"; arranged sex to meet; arrested when he showed up after attempting to and hit officer with escape his car. Pled guilty; contested 144 month & 10 yr. supervision sentence Affirmed	2422(b); 2423(b) 2241O; 2241e; I I 1 (assault of officer) Not Consummated Showed up for meeting

	4 7
ffi cat a ,	, , ".,. 4 r"C',2 - "' , ,,.	AtAisiii ", -. 7 •,ta. a	1*--ti ''"-- c ,	wciA7 4" ,,,ceitr454 "3t2 ,, >;;. ti	, -arm rtiowvi 0 1 - ,, aitatv
	U S . v. Yokeley , Slip Copy 2007 WL , 1958627 (6ih Cir 2007)	Slip Copy Not for Publication	Internet Sting	Internet chat "moms older room want for dau "; men approached "mother of 12 & 9 yr-olds" for with all three; sex graphic conversations with "12 yr-old" about having oral with her & getting sex her "9 yr-old" sister to participate; used telephone finalize to arrangements to for meet with "girls" & sex told them to get morning after pill because he did not want to condom; wanted use be to first sexual partner of the "12 yr-old"; arrested when he showed up. Pled guilty; contests 108 month sentence Affirmed	, • a 2422(h); 2423(b) Not Consummated Showed up for meeting
	U S . v. Salazar , 185 Fed Appx 484 (6th Cir 2006)	Unpublished	No Information	No information Consolidation of 2 cases defendant - New same Mexico & Michigan grand jury charges of 2422(a) & (b); 2423(6) & 2251 Pled guilty without reservation to challenge constitutionality of PROTECT Act Act found constitutional and conviction affirmed	2422(a) & (b); 2423(b); 2251(a) No Information

COUR T	CASES	_	. ., !a	FACT4M/COMUNICATION	CHARGE
	U S . v. Fuller , 77 Fed Appx 371 (6'h Cie 2003)	Unpublished	Internet Sting	Defendant engaged in Internet IM chats with adult women which he continued with telephone contact; women reported him police to because of his preoccupation with having sex with minors; police conducted Internet sting operation; defendant began IM & telephone communications with "14 yr old" described explicit sexual acts, including mother/daughter sex; sent photos of women having sex with dogs; arranged meeting a with "14 yr-old" to have sex; arrested when he showed up. Challenged sentence of 135 months & 2 year supervision Affirmed	2422(6); 2252(a)(1); (a)(4)(B) Not Consummated Showed up for meeting
	U S . v. Kiser , 104 Fed Appx 479 (6th Cir 2004)	Unpublished	Internet	Internet chat room; 32 yr-old 16 met year-old; engaged in IM and telephone communications containing graphic descriptions of sexual desires & role playing; mother found daughter in motel with defendant room and called police; this appeal was of the court's refusal to ask jurors during voir dire if they thought that 16 year-old a could seduce adult an Court found no error.	2422(b) Consummated

COVRT:	: - ° •	7,	CILITY t	, " ., , , 'FASTE/COMMUNICATION	. . CHARGE
	U.S. v. Chriswell , 401 F 3d 459 (6ih Cir 2005)		Internet Sting	Internet chat ' 11 Love Older room Men"; 52 yr-old "14 met yr-old" in chat engaged in least at 14 explicit room; sexual conversations; arranged to meet and arrested when he showed up. Appeals 2 level enhancement of sentence because undercover agent actual was not minor; agreed court with defendant and reversed and remanded	2422(6); 2423(b) Not Consummated Showed up for meeting
	U S . v. Hamm , 400 F 3d 336 (6th Cir 2005)		Internet aim	Internet chat "I do older room wanna men"; 27 yr-old initiated conversation with "14 yr-old"; defendant expressed desire have to sexual relations with her & her sent buy to a plane ticket in money order to him for meet sexual activity Arrested when he went to airport to pick her up. Pled guilty and challenged 33 month sentence because failed court to recognize its ability depart to downward from the guidelines; sentence vacated	2422(b); 2423(b) Consummated Not Showed up for meeting

,. 4' 1 i - ,"m:;$! 7 ,-, ,,. ,.	et 4 .,"" .- 1,,-, 11;+:	" - • mr, :ca. f 453 ii t ar	tii.:,7 fft.SE)671":41-Z-:- •? 14 IN, ' LC-Li -:	;eppE 4::: -.: , ., Ig;t :40:11P;.::, ,.; 41ACA,Cic.4 .,p.41:
U.S. v. Payne , 77 Fed Appx 772 (6i° Cir 2003)	Unpublished	Internet Sting	Internet chat with "14 contact room yr old"; defendant asked "14 yr-old" if she would perform oral on him and told sex her he wanted to touch her under her clothes; arranged to meet at a restaurant Arrested when showed he up. Pled guilty but challenged sentence base offense level computation; court affirmed 24 month & 2 supervision year	2422(h) Not Consummated Showed up for meeting
U S . v. McCall , 79 Fed Appx 795 (6'h Cir 2003)	Unpublished	Jnternet Stine	Internet chat initiated room; communication with "15 yr-old"; FBI took and continued communications over as "13 yr-old"; defendant indicated he wanted in to sexual intercourse engage with "13 yr-old" and arranged to meet; arrested the at meeting place	2422(b); 2243(a) Not Consummated Showed up at meeting
			His revealed computer 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 depart to downward; appellate dismissed court for lack of jurisdiction because judge knew that she could depart downward

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U S . v. Bailey , 228 F 3d 637 (6th Cir 2000)		Internet	Defendant contacted minors through j"'T ' -77 SS Internet; used graphic language describing how he wanted perform to oral them and sex urged them on to meet him; asked for photos of minors; admitted to trying to set up meetings for with other minors but sex said they never took place Guilty of attempt to the Internet use to	.- 2(b: aks242 74;11- Not Consummated
U S . v. Coppedge , 12 Fed Appx 270 (6" Cir	Unpublished	Computer	persuade , etc Pled guilty to using computer to entice a minor & 2423(b); challenged 57 month	2422(h) and 2423(b)
2001) U S . v. Champion , 248 F 3d 502 (6th Cir 2001)		Internet (involves kidnapping)	& 3 supervision year Affirmed sentence Internet chat met 13 room; year-old in intemet chat whiled room pretending to be 19 yrs-old; took her interstate; sexually molested her 3 day period over and held her against her will	2422(6); 2423(a); 2251(a) and 2252A)(4)(B)
			Pled guilty; challenged sentence enhancement offender and as career as violent crime; affirmed court sentence	Consummated/ Force

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U.S. v. Vaunt's , (6" Cir 555 Fed Appx 8 2001)	Unpublished		Challenged presented information No his 3 special condition to application of his serving after release year supervised that he month not possess a 53 sentence because affirmed computer; court condition the at agreed defendant to pre hearing sentence	2252A 2422(b); Information No
. v. Humphrey S U , Cir 1 (6" Appx 146 Fed 2005)	Unpublished	Wu In et Sting	the through up a meeting defendant setg engage in traveled and to Internet sex mother" their yr-olds & with & 12 "7 sentencing; Challenged guilty Pled because sentencing reversed court a "pre under was issued sentence regime Booker"	2422(6); 2423(b) Consummated Not up for meeting Showed

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71" Cir	. v. Mallon S U , Cir (7" 3d 943 345 F 2003 )	Internet Sting	citizen room; British chat met Internet repeatedly room; he chat in "15 yr-old" having her into attempted entice sex to another about and boasted with him in yr-old" with a "15 relationship agreed finally yr-old" when "15 Florida; Chicago Belfast from defendant flew to when in hotel purpose; arrested for that Police the hug & kiss agent. he tried to video camera set-up to condoms; found defendant's home hotel film in room; at graphic sexually found police defendant and communications between minors other the judge's challenged Government based sentencing in downward departure condition and on defendant's heart make capacity diminished severely to	2422(b) Consummated Not meeting up for Showed
			deportable alien and judgments good and vacated the sentence court status; remanded

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U.S. V. Veazey , F 3d — —, 2007 WL 1892821 (7th Cir 2007)	Slip Copy for Publication	Internet Sting	Internet chat room " 9SeXy HiGh SchOol HoTTiEs*" ; 48 yr-old man communicated with "15 yr-old" by Internet & later by telephone for months; graphic very sexually explicit conversations; defendant tried to teach "15 yr-old" how to seduce her friend; told her he wanted have to with her sex & her friend and wanted to take photos & make movie; a arranged to for meet arrested sex; when he showed up. Affirmed	2422(6); 2423(b) Not Consummated Showed for meeting up

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* U.S. v. Pisman, 443 F.3d 912 (7th Cir. 2006) Conspiracy charge**	Internet	25 Internet chats between defendant and co-conspiratorPisman ; the two were involved in a sexual relationship & made plans for defendant to travel to meet with co-conspirators & others to engage in sex; more than one of those were minor boys. Co-conspirator had been the one to contact the minors so he was charged with 2422(b), defendant was charged with conspiracy to travel under 2423(b).	Conspiracy to travel 2423(b) and (e); Wilkerson with 2422(6) ,- No Imormation
		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.

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U S . v. Lovaas , 241 F 3d 900 (7th Cir 2001)		Internet Sting	Email messages with "14 yr-old" boy asked for photos and photos sent of young boys engaging in sex & sent underwear; police obtained permission to search house from wife and found over 1800 images of minors engaging in sexual activity; defendant confessed to having had prior sexual with contact other minors Pled guilty 2252; to offense level based on "pattern"; defendant challenged and requested downward departure because he volunteered info about other crimes; affirmed court	242204 & 2252(a)(1) & (a)(4)(B) Not Consummated

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U S . v. Shutic , 274 F 3d 1123 (7'h Cir 2001)	Internet Sting	, Internet chat room "Male for Barely Legal Female"; initiated conversation with "14 yr-old"; 6 month period over sent 51 images of over people engaged in sexual intercourse & discussed plans to meet to in intercourse; engage defendant flew from his home in OH IN to but returned home when he unmarked saw police defendant cars; attempted to meet	la 2422(b) 2243(a) and , 2252A(a)(1) Not Consummated Showed up for meeting
		"14 yr-old" again but arrested when was he showed defendant had up; also made contact with another "minor" and had scheduled meeting for sex.
		Pled guilty but challenged his sentence based court's refusal on to counts group of child pornography claiming they involved the primary victim same — society Affirmed

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U.S. v. Angle, 234 F.3d 326 (7'h Cir. 2000)	Internet Sting	Father discovered suspicious activity on son's computer and reported to the FBI; via sting operation defendant met "13 year-old" boy online; told boy he loved him & would take care of him; sexually 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.	2252(a)(2), 2253(a)(4)(B); 2422(b) Not Consummated
		Appealed his sentence and conviction; sentenced to325 months for 2252 and 120 months for 2422(b) & registration as sex offender; court affirmed but remanded for sentencing because he did not have notice regarding sex offender registration.
Doe, el al. v. Smith, et al., 470 F.3d 331 (7ih Cir. 2006)		Molestation of minor student by school dean.	2422(b) Consummated

			,
13ffi Cir	U S . v. Rayl ,	Internet	Internet
	270 F 3d 709 Cir		chat room; "Pen-pal" email	2422(b); 2252(a);
	(8i6 2001)		initiated contact by defendant pretending be 15 to	2252A(a)(l) and
			year-old girl whose fattier was her	(a)(5)(B)
			teaching have to sex; arranged to meet
			underaged victim in mall but defendant showed	Not
			up instead & told victim that "15	Consummated/Force
			year-old" could make not it; took victim hotel to	to have victim pose for
			, threatened her with knife forced her take to	naked photos
			clothes off , and took photos; showed her
			photos of other young girls; continued send
			to increasingly hostile emails
			trying to get her have to sex; defendant
			appealed sufficiency of evidence of
			, credibility witness and also challenged
			government's introduction of
			pediatrician that photos were of under 18
			yr-olds Affirmed

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Dickson U.S. v. , 149 Fed Appx 543 (8'h Cir ) ,	Unpublished	Internet Sting	Internet chat IM room; chats between 47 yr-old and "15 man yr-old"; exchanged addresses and defendant asked "15 yr-old" to him meet in hotel a parking lot his house; near defendant told her he wanted to make love to her; when "15 yr-old" stated she had experience no defendant asked if he could teach her; arrested when he went to her meet at the hotel parking lot	- Cr 2422(b) Not Consummated -
U S Little . v. , 485 F 3d 1210 (8th Cir 2007)		Internet afillg	Appeals his conviction and 60 month sentence Affirmed Internet chat IM room; chats during which defendant arranged to have sex	2422(6)
			with minor; arrested when he showed up at the park There evidence was that the defendant had previously attempted to in engage online sex conversations with 12 & 13 yr-old girls prior to the sting operation that resulted in his The arrest government contested his release bail on for 60 days before his self-surrender Court vacated order and remanded for issuance of bench	Not Consummated Showed for up meeting

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	U.S. v. Blazek , 431 F 3d 1104 (8'h Cir 2005)		Internet Sting	Internet chat "male-to-male"; room conversations for 15 months; gave detailed description of how he would give graphic massage; sexual conversations discussed oral and sex , suggested a 3-way with"15 yr-old's" friend; and arranged to for meet sex; arrested at meeting and computer search revealed child pornography Appealed conviction & sentence claiming not actual minor and insufficient evidence Affirmed because attempt charge does not require actual minor 235 month sentence affirmed because enhancement applied to of undercover "minor use victim"	af ng i a3:?: -AR 2422(b) 2423(b) , , 2252(a)(2) and (A)(4)(b) Not Consummated Showed up for meeting

c	FACILITY	FACTS/COMMUNICATION	CHARGE
U S . v. Naiden , 424 F 3d 718 (8' Cir 2005)	Internet EtiIgi	Internet chat "IluvOlderMen"; room during chats defendant asked "14 year old" for photos; asked if she a virgin was and if she would visit him to where come her "virginity would be over"; arranged to meet to have and told her sex they would in a few many repeatedly years; told her that important to keep was this a he secret; sent her for ticket; money arrested when he went to pick her up at the train station	2422(b); 2423(6) Not Consummated Showed up for meeting
		Challenged lower court's refuseal to allow his friend to testify that he did not believe the victim actually 14 was yrs old Appellate affirmed court because if it had been even not to error allow testimony , which it not there was was , overwhelming evidence of his belief that she 14 yrs-old was

C ASES - :finik 4;acIale.40, - ,,, -	FACILITY	FACZS/COMMUNICATION	CHARGE
U S . v. Hicks 457 F 3d 838 (8th Cir 2006) , overruled Helder 452 F 3d 751 ,	Internet Stine	defendant initiated Internet conversation with "13 yr-old" followed by telephone calls; stated he interested was in having vaginal intercourse with "13 yr- old"minor & willing was to travel from FL to Kansas City; arrested when he arrived at airport Government appealed dismissal of indictment Appellate court reversed because actual minor not required	2422(b); 2423(b) Not Consummated Showed for meeting up
U S . v. D'Andrea , 473 F 3d 859 (8ih Cir 2007)	Internet ing St	Internet chat and room telephone communications with "13 year-old"; defendant made plans to travel for sex; did with same another undercover agent; times many masturbated in from of webcam; arrested at meeting place	2422(b); 2252(6)(2) Not Consummated
		Police found nightgown condoms , , lubricant & video camera, & computer equipment; search warrant obtained for computer revealed other many similar "chats" and child pornography Defendant challenged government enhancement for "uncharged conduct" including similar other chats & sex exchange of sexually explicit photos with 12 17 and 14 year-old girls Appellate , court affirmed	Showed for meeting up

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U.S. v. Garate , 482 F 3d 1013 (8ih Cir 2007)	.':,; Internet	1PrWW:":, gi , -" :10,inKt•a;•::- 4::.t. 2.4.•4.-'? Internet chat met 12 room; year-old in chat communicated room; via Internet & telephone; traveled have to and did; sex time at arrested lie 20 & girl was 14; was pled guilty to 2423(b) charge & government agreed drop to 2422(6) charge; received 30 month sentence Government appealed Reversed due to factors such anguish caused as parents (father had warned Garate several times leave to daughter alone when he found out about the communications)	'' . 1:. .- , t '"' 2422(b); 2423(b) Consummated
U S v. Patten , 397 F 3d 1100 (8th Cir 2005)	Internet sling	2 Internet Chat communications room & I telephone conversation , explicit sexual conversations; arranged to meet; arrested at meeting place	2422(b); 2423(b) Not Consurnmated
		15 month sentence and sufficiency of evidence challenged appeal on Affirmed	Showed up for meeting

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U S . v. Leach , 2007 U S App LEXIS 14832 (8ih Cir 2007)	Internet Sting	Internet chat conversations with room "14 year-old"; arranged to for meet sex; arrested at airport	2422(b); 2423(b); (criminal 2253 forfeiture)
		Pled guilty 2422(b) to in exchange for dropping government 2423(b) & criminal forfeiture charges; had pled guilty to attempted aggravated criminal sodomy of a 13 year-old he had in met a chat but had been not yet room sentenced; trial declined court to apply enhancement based on state court case because sentencing had occurred not yet , enhancement would have resulted in	Not Consummated Showed up for meeting
		168-210 month defendant sentence; received 72 month sentence; government appealed Appellate court vacated sentence and remanded for resentencing

COURT	CASES	TY FACT I A	FACTS/COMMUNICATION	CHARGE
	. v. Gleich S U , (8th Cir 3d 608 397 F 2007)	Child Pornography	that told police year-old male 12 photographed him in defendant had had shown and explicit sexually poses police got children; of other photos a him with discovered 3 computers & warrant the unrelated pornography to child investigation offense 2252(aX2); sentence guilty Pled to was of activity "pattern enhanced under defendant abuse"; sexual involving & of evidence introduction contested use denied Appellate court of enhancement vacated but sentence motion to suppress (transmitting photo "pattern" because no the Internet of child of buttocks over abuse) sexual separate not was	2251(a) (c); & (b)(1); 2252(aX2) & 2252(aX4)(B); 2422(b) Consummated porn on info charges on - no 2422(6)

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U S Curtin . v. , 2007 U S App LEXIS 12110 (9th Cir 2007)	Internet Sting	Internet chat explicit room; sexual conversations for 4 hours; exchanged photos; defendant arranged to for meet sex with "14 year-old"	" -n :, . ra 2422(b); 2423(b) Not Consummated
		Defendant claimed that he did not believe that he was meeting a "14 yr- old"; he contested the government's introduction of 140 stories of sexual activity by minors on his PDA to prove his intent Affirmed	Showed up for meeting
U S . v. Meek , 366 F 3d 705 (9ih Cir 2004)	Internet Sting	Internet chat room of contact 14 yr-old male; had sex with 14 yr-old & posted naked photos of boy on the Internet; police took boy's over Internet account and were approached by defendant claiming he was still interested in "hooking up"; continued to seek sexual encounter with "boy' over next month discussing in graphic details sexual acts he hoped to perform on the boy; arranged to for meet sex & arrested when he did Pled guilty 2422(b) to and challenged legality of search of his & computer alleged no violation because no "actual" minor . Conviction	2422(b); 2423(b) Not Consummated Showed up for meeting

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. v. Jahner , 72 Fed Appx 665 (9`h Cir 2003)	Unpublished	No Information	No information available but case implicates that Internet involved; was defendant pled guilty to 2422(b) & 2423(6) and stipulated that he had sent photos of himself masturbating to he someone believed to be minor; a challenged introduction of the photos as prejudicial Affirmed	2422(6); 2423(b) No Information
U S . v O'Brien , 27 Fed Appx 882 (9'h Cir 2001)	Unpublished	Internet lung	Internet chat initiated room; sexual conversations with minor; tried to entice "girl" to visit; paid for ticket for her to visit & live with him; admitted to her that he had visited "Girls and Older Guys" Internet chat and room chatted with other teenage girls Claimed entrapment Conviction affirmed	2422(b); 2423(h) Not Consummated Showed for up meeting
U S . v. Kozlowski , 2007 U S App LEXIS 9489 (9ih Cir 2007)	Unpublished -	No Information	No information available Anders Brief appeal of sentence of 60 months; denied	2422(b); 2423(b) No Information

CASES		FACILITY	FACTS/COMMUNICATION M.	CHARGE
United States v. Messano , 114 Fed Appx (9th 785 Cir 2004)	Unpublished	jnternet Su28	Defendant developed relationship over a period of several months on the Internet with "13-year-old"; discussed sexually explicit activity; arranged for to meet sex; arrested when he showed up.	2422(b); 2423(h) Not Consummated
			Appellate affirmed conviction; court later vacated and sentence remanded in Messano 2005 U S LEXIS 19341 (9th , Cir 2005) for resentencing in keeping with Booker	Showed meeting up at
U S . v. Messano , 2005 U S App LEXIS 19341 (91h Cir 2005);	Unpublished		Affirmed conviction in earlier case but remanded regarding resentencing because applied sentencing court guidelines as optional
. v. Tashbook U S , 144 Fed Appx 610 (9ih Cir 2005)	Unpublished	Internet	Defendant placed ads on Internet for his "production" company; communicated with victims by email and telephone; rented a hotel room and took photos of victim; coerced victim engage in to non consensual explicit sex for purposes of taking photographs Sentenced 60 to years. Conviction and affirmed sentence	2422(b); 2423(6); 2251(a); 2252(a)(2) Consummated/Force

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. v. Jenkins U S , 163 Fed Appx 578 (9'h Cir 2006)	Unpublished	No Information	information No available Pled guilty to 2422(b) and 2423(b) Appealed 46 month Remanded further sentence. for proceedings	2422(h); 2423(6) Information No
. v. Ayoub U S , 177 Fed Appx 765 (9th Cir 2006)	Unpublished	No Information	No information available but grounds for appeal imply Internet Sting; defendant claimed and that entrapment he did not believe he was dealing with a minor Conviction affirmed	2422(b); 2423(h) No Information
. v. Shahin U S , 179 Fed Appx 420 (9th Cir 2006)	Unpublished	Internet SOlLgt	No specific facts available; defendant corresponded with undercover agent. Appealed conviction claiming legal impossibility and real minor not Conviction affirmed	2422(b) Not Consummated
. v. Weir US , 52 Fed Appx 423 (9°' Cir 2002)	Unpublished	No Information	No information available . 210 month affirmed sentence	2422(b); 2251(a) & (d); 2256; 2252(a)(5)(B) No Information
. v. Grenman S U , Slip Copy 2007 WL , 841093 (9ih Cir 2007)	Not for Publication	No Information	No information available Appeal of Affirmed in sentence. vacated in part, and part remanded	2422(b) No Information
. v. Strater U S , 150 Fed . Appx . 610 (914 Cir 2005)	Unpublished	Internet Stills'	Internet chat room; no specific facts available Defendant claimed Conviction entrapment. affirmed	2422(b); 2423(6) Not Consummated

CASES		FACILITY	FACTS/COMMUNICATION	CHARGE
U S . v. Schnepper , 161 Fed Appx 678 (9' Cir 2006)	Unpublished	Internet Sting	Internet chat evidence room; clear defendant believed he was communicating with "minor"; attempted to entice her fly to Hawaii to to have sex; defendant claimed entrapment Affirmed	2422(b); 2423(b) Not Consummated
U S . v. Nicely , 172 Fed Appx 713 (9th Cir 2006)	Unpublished		No information available but implication is that Internet used Defendant convicted of 2422(b); contested supervised release which prohibited of use computer	2422(6) No Information
U S Curtin . v. , 443 F 3d 1084 (9th Cir 2006)		Internet 5th-i s	See 2007 U S App LEXIS 12110 (9th Cir 2007) supra.
U S . v. Anderson , 2007 U S App LEXIS 11856 (9th Cir 2007)	Unpublished	Internet	Online chat specific information , no available; conviction affirmed	2422(6) No Information
U S Dhingra . v. , 371 F 3d 557 (9i° Cir 2004)		Internet	AOL 1M chats with 14 yr-old girl; sexually explicit conversations; defendant persisted in trying to arrange to for meet for met sex; & defendant sex forced 14 yr-old to have with him sex	2422(b) Consummated/Force
			Defendant challenged constitutionality of 2422(6) Conviction affirmed

COURT	: cASES	I	FACILITY I	FACTS/COMMUNICATION	7CHAI2GE
	U S . v. Vail , 101 Fed Appx 190 (9th Cir 2004)	Unpublished	Internet Sting	No specific information , other than sting , available Defendant appealed conviction & because sentence no "actual" minor was involved Conviction affirmed but sentence vacated because should court have used downward departure	2422(b); 2423(h) Not Consummated
10'" Cir	U S . v. Pearl , 324 F 3d 1210 (10ih Cir 2003)		Internet filing	Internet chat room; conversations , email & telephone with "12 yr-old"; attempted to have to arrange sex from first encounter; photos sent of child porn; email followed by letters with undercover pretending agent be to "12 yr-old's" uncle wanting molest to her; defendant arrested when he showed up for meeting with "uncle"	2252A; 2422(b); 2423 Not Consummated Showed up for meeting
				Vacated 2252A as to due counts to error in jury instructions but affirmed as to 2423 & 2422(b)

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- U.S. V. Munro , 394 F 3d 865 (10th Cir 2005)	"	Internet Sting	Internet chat room communication with "13 yr-old"; told her he wanted have to oral with her; sex asked if she would like to make a "movie" together; arranged to meet elementary at school — told her to something wear arrested sexy; at the	yfilliga Ue r 2422(b) Not Consummated
			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	Showed for meeting up
U S . v. Sims , 428 F 3d 945 (10th Cir 2005)		interne( 5 ._tkgi	Internet chat private room; citizen had assumed profile of "16 & 12 yr-old" as a received gag; sexually explicit communications for 5 months from defendant well photos as and as sexually explicit images of defendant with other children; defendant arrested when he traveled to meet;	2422(b); 2423(6); 2252(a)(I) Not Consummated Showed for meeting up
			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

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	U.S. v. Thomas , 410 F 3d 1235 (1016 Cir 2005)		Internet Sin	Internet chat room; several online chats with undercover arranged agent; to meet but did show; six months later not online in chat room again but using different name; showed up for meeting with his 2 children in the back found seat; porno film playing on his and computer transcript of the online chat First trial resulted in hung jury; but later charged by superseding indictment & sentenced 70 months imprisonment to and 5 years supervision; challenged constitutionality of 2422(b) & sentencing Affirmed	2422(b) Not Consummated Showed up for meeting but just drove around and attempted leave to
	. v. Davis U S , 165 Fed Appx 586 (10th Cir 2006)		Internet Sling	Internet chat room communications with "13 yr-old"; explicit sexual conversations; agreed and to meet arrested meeting place at Found guilty by jury; challenged that "actual" minor was necessary for 2422 violation . Appellate denied his court for Certificate of Appealability request & dismissal	2422(b) Not Consummated Showed up for meeting

CASES ]	rFACILITII	FACTS/COMMUNICATION	CHARGE
S U . v. Hanes , 371 F 3d 1208 (10° Cir 2004)	Internet	No information other than of intemet use available	2422(6); 2252A
		Pled guilty to 2422(b) & 2252A; sentenced to 51 months & 2 years supervision; challenged conviction based Ashcroft on v. Free Speech Coalition , 122 S Ct 1389 (2002) finding parts of Child Protection Act unconstitutional; claimed ineffective counsel Affirmed	No Information
U S . v. Johnson , l83 F 3d 1175 (101h Cir 1999)	Internet leading to aikgi Operation	Internet chat defendant room; met on & communicated via Internet & telephone with underage male; items sent through mail; arranged to meet and had victim sex; cooperated with authorities and telephoned defendant; calls monitored; computer search revealed pornographic photos of 16 under or	2422(b); 2423(6); 2252; 2253 Consummated
		Defendant entered plea one agreement for 2 but challenged cases sentence enhancement- sentence 27 months & 3 supervision $2 & years 875 87 restitution , affirmed

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Byrne U.S. v. , 171 F 3d 1231 (10th Cir 1999)		Internet	I Internet chat room; met minor; arranged to for meet had sex; sex.	2422(b); 2423(b)
U S Wales . v.			Sentence of 21 months & 3 year supervision affirmed	Consummated
, 127 Fed Appx 424 (10th Cir 2005)	Unpublished	Internet Sting	Internet chat room; sexually explicit communications; defendant already on probation for sexual assault; when arrested he pled guilty but said he never showed for up of any the meetings he set just up; masturbated	2422(b); 2451(a) & (b) Not Consummated
U S Brown . v.			Found guilty of attempt bench at trial and sentenced to 180 months & 3 year supervision
, 126 Fed Appx 448 (10th Cir 2005)		Internet Sting	Internet chat room communications with "13 yr-old"; arranged to for meet sexual encounter; arrested when he went to "underage meet	2422(b)
			girl" Challenged introduction of Internet conversations prejudicial as Appellate court affirmed — probative value outweighed prejudicial; sentenced 46 months & 3 years supervision & $500 fine	Not Consummated Showed for up meeting

COURT .	ES : ' C	i	F : - .•	FACTS COMMUNIC TION -	.,
	U.S. v. Williams, 220 Fed. Appx. 851 (10th Cir. 2007)	Unpublished	Prostitution/ Force	Defendant was a pimp who beat and raped his prostitutes — some as young as 13 yrs-old; he threatened them and their children. Pled guilty to 2422(b) so that government would dismiss 6-count indictment for one single charge. Sentenced as a career offender.	2422(b); and 5 others unnamed Consummated/Force
				Appealed his sentence. Court dismissed appeal and enforced his waiver of his right to appeal.

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v. Phillips, 165 Fed. Appx. 677 (10ih Cir. 2006)	Unpublished	No discussion of facility but appears to be	No specific information available other than the fact that the case involved a pimp whose telephone conversations with underage prostitutes and cell phone	2422(b) and 2 Consummated/Force/Pi mp
		phone	records were obtained 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.

49 1- ! , - .1•••:: 53 ,	2": ' 1:?i• li - •	eit' r Ala Q . •	nelfS SaitiMc - - ca,:iia ,:fa -.4-31 42 .xnw,w,Ii
U S . v. Crayon , 143 Fed Appx (10th 77 Cir 2005)	Unpublished	Internet Sting	2 ,,t4V- r;•4•6 , , ,, Internet chat communications room with "14 yr-old"; described graphic sexual activity; and sent sexual photo; masturbated in front of webcam; offered to teach "14 yr-old" about & to buy sex her ticket to a him; come meet arrested at meeting place Pled guilty; court enhanced sentence because of of use computer & "victim" under 16 & down for accepting responsibility; sentenced to 108 months Appellate court affirmed sentence because actual under victim age not required for attempt	a,,,,e,"44 .,; w::e,,,,, 2422(b) Not Consummated Showed for meeting up

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•		.-		i • '1O • • • '" -	P m. ,. • ,- Y Stiisz<
Or 111h	U S . v. Morton 364 F 3d 1300 (11" Cir 2004)		Internet Sting	Internet chat room "I love older men"; communication followed by telephone calls several to "victims"; and sent requested sexually explicit photos over the Internet; told "victims" he wanted to have sex.	2252A; 2422(b) Not Consummated
				Pled guilty; issue of first impression for II' Circuit whether as to enhancement for "pattern" of abuse involving minor could be applied if no actual minor but instead undercover Appellate agent. affirmed court enhancement because of pattern activity used minor interchangeably with victim
	U S . v. Manley , Slip Copy 2007 WL , 1379982 (l th I Cir 2007)	Slip Copy Not for Publication	Internet Sting	Internet chat room communications between father of 12 yr-old boy and "mother of I2 yr-old girl"; several chats; expressed desire engage in to sex with "12 yr-old" daughter; told "mother" she could have sex with his 12 yr-old son; arranged for to sex & meet arrested when he showed up. Police found laptop; items for sexual activity & 401 photos of child porn — some of which depicted his son.	2422(b); 2252A(a)(1) & (a)(2)(A) Not Consummated Showed up for meeting
			_	Pled guilty child to porn. Appealed 360 months Affirmed sentence.

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U S . v. Evans , 476 F 3d 1176 (I lth Cir 2007)		Prostitution Ring	14 yr-old worked for defendant (& 2 co defendants) as prostitute; he was pimp & arranged date for her; notified her of "dates" on her cell phone; he provided condoms manufactured overseas & imported into Ga .; she was hospitalized with AIDS; he called her from land line & induced her work for to him return to as a prostitute Challenged application of federal statute local to Court	1591; 2422(6) Consummated
U S . v. Strevell , 185 Fed Appx 841 (I I th Cir . 2006)	Unpublished	Foreign Travel Sting	purely activity affirmed Several telephone conversations arranging for travel Costa Rica for to sex with "14 yr-old"; paid for travel; arrested airport at	2422(b); 2423(b); 159I(a); 1594(a) Not Consummated Showed up for travel
U S . v. Roberts , 174 Fed Appx 475 (11th Cir 2006)	Unpublished	Foreign Travel Sting	Defendant responded ad for to sex travel Costa Rica; to negotiated & paid for trip have to sex in Costa Rica with 16 yr-old but cancelled; arranged instead to meet girls in US; arrested when he showed up.	2422(6); 2594(a) Not Consummated Showed up for meeting

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U S . v. Clarke , 159 Fed Appx 128 (111h Cir 2005)	Unpublished	Foreign Travel Sting	ft; No specific information available but implication is that this is a sex tourism case. Alleges entrapment;Conviction affirmed	lar ASc :4 .e tfa 1 i' I. Aa.:1 Z' 2422(6); 2423(c); 1591(a); 1594(a) Not Consummated?
U S Clerk v. Yost ., , 479 F 3d 815 (11i6 Cir 2007)		Internet Sting	Internet chat room conversations with 3 different "girls" — all same undercover in chat agent— room; sexually explicit discussions; arranged for to meet oral sex with one "girl" but no show; arranged to with meet another & arrested when he showed up to her meet Conviction affirmed	2422(b) Not Consummated Showed up for meeting
U S . v. Bolen , 136 Fed Appx 325 (11'h Cir 2005)	Unpublished	Internet Sting	Internet chat room "sex with younger"; conversations with "25 yr-old mother of 3 yr-old"; communications over several days; used telephone finalize to plans to meet. Contested conviction & 110 month sentence on grounds that 2422(6) did not apply when used intermediary to arrange for sex & did apply not , to sex with fictitious infant Conviction affirmed; sentence appeal dismissed due waiver to of right to appeal	2422(b) Not Consummated

COURT	CASES	FACILITy	FACTS/COMMUNICATION	CHARGE
	. v. Searcy U S 418 F 3d 1193 (11th Cir 2005)	Internet Sting	Internet chat defendant's room; screen name was "Obesseddadl I"; informed undercover that he agent was member of father-daughter swap club; talked on telephone & arranged face-to-face meeting with meeting agent; at told agent he wanted to have arrange to sex with agent's daughter & could agent have sex with defendant's children; arrested at meeting	2422(14 Not Consummated Showed up for meeting
			Challenged conviction & upward enhancement of his for crime sentence of violence . Affirmed _

CASES .	FACILITY	FACTS/COMMUNICATION	CHARGE
1.1 S. v Murrell, 368 F.3d 1283 (I l' Cir. h 2004)	Internet Stine	Internet chat rooms "family love" & "Rent F Vry Yng"; communicated with same agent who pretended to be "mother of 13 yr-old" & "farther of teen girl"; defendant expressed interest in meeting "mother & daughter" for sex; asked "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".	2422(h) Not Consummated Showed up for meeting
		Appealed indictment because never directly communicated with minor & sentencing enhancement to 33 months & 3 yrs supervision. Affirmed.
"US. v. Pipkins, et at, Cir. 378 F.3d 1281 (11th 2004)	Prostitution	Pimps ran prostitution ring using under age girls; in total 15 pimps were arrested & 13 pled guilty.	2422(b); 1951; I 952(a)(3); 1584; 1028 & 21 USC 859
**Conspiracy 1962(d) RICO		Defendants found guilty of conspiracy in violation of 1962(d); One defendant set up website for "escort service".	**Conspiracy 1962(d) RICO
		One defendant sentenced to 40 yrs; other to 30 yrs. Affirmed.

CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
. v. Hornaday U S , 392 F 3d (111h 1306 Cir 2004) *Conspiracy charge but it was error was harmless	Internet Sting	Internet chat room "Loving Families" where people communicate about having sex with children; undercover entered as "father of son & daughter"; defendant contacted & said he was bisexual agent looking for "loving family" & that he had had prior family relations & wanted more; explicit discussion about having sex with children; telephoned & arranged arrested when to he showed meet;	2422(b); 18 USC 2 Not Consummated — ***conspiracy charge was harmless error
		up. Appealed guilty verdict Appellate court rejected that he did argument use the not Internet communicate to directly with minor and held that conspiracy charge was error, albeit harmless because did , abet undercover not but that agent error was harmless too given the facts of the case.
. v. Bohannon U S , 476 F 3d 1246 (11'h Cir 2007)	Internet 5jtgi	Internet chat room "I love older men"; defendant initiated communications with "15 yr-old"; arranged have to meet to oral & genital sex; arrested when he showed up. Appealed 120 month sentence. Affirmed	2422(b) Not Consummated Showed up for meeting

ia riolafi t		FACILITY	FACTS/COMMUNICATION	Cl LARGE
U S . v. Grossman , 2007 U S App LEXIS 12500 (11th Cir 2007)	Unpublished	Internet Stine	Internet chat "preteen baby room and , toddler sex"; initiated communications with "31 yr-old mother of 9 yr-old"; expressed desire to for meet with sex child; arranged to both meet "mother & daughter" for arrested when sex; he arrived Conviction affirmed	2422(b); 2241(c) Not Consummated Showed up for meeting
U S . v. Watson , 179 Fed Appx 663 a P h Cir 2006)	Unpublished	No Information	No information available Convicted of 2422(b) and 2252A(a)(2)(A); appealed enhancement of his sentence for 600 images of over child Affirmed porn.	2422(b); 2252A(a)(2)(A) No Information
U S . v. Houston , 177 Fed Appx (11th 57 Cir 2006)	Unpublished	Internet Sting	Internet chat room communications with "mother of 14 yr-old girl"; arranged meeting with the girl have to with sex her; arrested at meeting place Contested 5 yr sentence Affirmed	2422(b) Not Consummated
				Showed up for meeting

COURT	CASES		FACILITY	FACTS/CONIN1UNICATION	CIIAliCE
	U.S. v. Haynes, 160 Fed. Appx. 940 (11t h Cir. 2005)	Unpublished	Internet Stint,	Internet chat room "Young Teens for Older Men"; 39 yr-old initiated chat with "14 yr-old"; sexually explicit details as to how he would like to "lick her from head to toe"; arranged to meet & suggested they have Chinese dinner & movie; arrested at meeting place; police found loaded gun; 92 rounds of ammunition; condoms & Chinese restaurant menu in his car. Sentenced to 78 months. Conviction affirmed; sentence vacated & remanded because of Booker error.	2422(b) Not Consummated Showed up for meeting
	U.S. v. Rojas, 145 Fed. Appx. 647 (1 1th Cir. 2005)	Unpublished	Internet Sting	No specific information available but implication is that this was intemet communication with "13 yr-old" for oral sex. Challenged 2422(b) constitutionality. Conviction affirmed.	2422(b) Not Consummated

2YRT	CASES	MCI LITY	FA C:TS/COM 1\1 UNICAT ION	ClIARGE
	U.S. v. Scott, Cir. 426 F.3d 1324 (11ih 2005)	Internet Sting	Internet chat room for parents of young children to arrange for them to have sex with others; agent pretending to be "father of 6 yr-old boy & 4 yr-old girl" approached by defendant interested in having sex with the children; arranged to meet & told agent he would bring "gifts" 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.	2422(b); 2423(b); 2241(c) Not Consummated Showed up for meeting

COURT	CASES	FAqtrry	FAC:TS/COMMUNICATION	CIIARGL
	U S . v. Bias , 360 F 3d 1268 (11th Cir 2004)	Internet	48 yr-old initiated Internet communications with 14 yr-old; lied about his the beginning; age at 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 "make L-U-V" her; arranged to to meet for sex and did & have meet sex; defendant knew that he was HIV+ but did tell her; 6 months later not he met another 14 yr-old online; discussed sex & their relationship for hours; told her of his HIV but said she could status not catch it because of the medication he was taking; planned visit her have to to sex but he was arrested before	2422(b); 2423(b) Consummated
			Pled guilty but contested of 180 sentence months & 70 months concurrent, $15 $86 000 fine restitution $300 & , , special Affirmed assessment.

a y w	FACH ITY	FAC:TS/COMNIUNICATION	CHARGE
U S . v. Orrega , 363 F 3d 1093 (11'" Or 2004)	Internet to	Internet chat room; defendant said he was 24 yrs-old & began communication with "16 yr-old"; told her he wanted to have meet to sex but meeting never took place; few weeks later defendant again contacted "16 yr-old" & arranged to meet have to oral sex; arrested meeting at place	2422(6) Not Consummated Showed meeting up at
		Court vacated & remanded because downward departure warranted not
U S . v. Panfil , 338 F 3d 1299 (11'h Cir 2003)	Interne( Sting	Internet chat room communications with "13 yr-old"; sexually explicit; told her he would give her powerful orgasms with oral sex; arranged for to meet sex; arrested meeting at place	2422(b) Not Consummated
		Challenged constitutionality of 2422(b) & his Court sentence. affirmed both conviction & sentence.	Showed up for meeting
U S . v. Miranda , 348 F 3d 1322 (11' Cir 2003)	Internet Sting	Internet chat room; conversations about having sex with "13 yr-old"; arranged for to meet sex; arrested at meeting place	2422(6) Not Consummated
		Government appealed sentence. Vacated & remanded	Showed up for meeting

FCOllitcl	CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
_. _.	11 . v. Root U S , Cir (11'h 1222 3d 296 F 2002)	Internet Sting	Older room "1 Love chat Internet explicit engaged in defendant Men"; yr-old with "13 conversation sexual that he describing sexual student" acts have her with her & perform wanted to for arranged on him; meet perform to sex showed he arrested when and up. no need affirmed; Conviction & sentence minor actual for	2423(b); 2422(6); 2243 Consummated Not meeting Showed up for
	. v. Burgess S U , (11'h Cir 3d 1261 F 175 1999)	Internet Sting by private citizen	legal room "barely chat Internet explicit sexually females"; & arranged conversations; to meet showed when he arrested up. Conviction conviction Appealed failed give to reversed because court about instruction cautionary jury testify failure defendant's to	2423(b) 2422(b); Consummated Not meeting Showed up for

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U.S. 1,. Garrett , 190 F 3d 1220 (11'h Cir 1999)	Internet Sting	Internet chat of police part room as investigation of child defendant porn; contacted "15 yr-old girl"; for 2 months talked about sexual they acts would perform; photos of sent children young having and asked if she would sex perform those with him; acts his gave phone number & arranged to but meet could make it Search not warrant obtained & police found child porn on his computer	2422(b); 2252(a)(2); 2252(a)(1) Not Consummated
		Appealed sentence because expert testified that depicted acts in photos would pain Affirmed cause
S U Tillman . v. , 195 F 3d (I 640 l'h Cir 1999)	Internet l aw ,	Internet communications with "14 yr old"; defendant attempted persuade to her him to meet in motel to in engage various sexual 3 photos acts; sent of sexually explicit conduct Internet over	2422(b); 2252(a)( I) Not Consummated
		Pled guilty but contested 87 month because sentence did court not group offences Court said primary victim of is depicted 3 porn person separate so counts of porn.

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	U.S. v. Rader , 2007 U S App LEXIS 12791 (11th Cir 2007)	Unpublished	Internet Sting	Internet conversations with undercover videos agent; sent of adults having sex with 2-4 yr-olds Pled guilty but appealed 151 month & S15 sentence fine 000 Affirmed ,	2422(b); 2252(a)(1) Not Consummated
	S U . v. Hass , 192 Fed Appx 867 (11'h Cir 2006)	Unpublished	No Information	No information available Appealed 260 month sentence Affirmed	2422(b); 2241(c); 2252 No Information
	U S . v. Thrift , 205 Fed Appx 816 (1 1'h Cir 2006)	Unpublished	No Information	No information available Appealed sentencing Court affirmed sentencing the lifetime except supervision for possession of firearm	2422(b); 2423(b); 922(g)(1) & (2) No Information
M D Fla	U S . v. Sterba , Supp 22 F 2d 1333 (M D Fla 1998)		Interne( Sting	Internet chat No specific details room. available Indictment dismissed because of prosecutorial misconduct	2422(b) Not Consummated

S.D. Fla.
	U.S. v. McDaniel, 470 F. Supp. 2d 1372 (S.D. Fla. 2007)	(Villafana case)	Internet	19 yr-old contacted 12 yr-old & communicated for 18 months; believed 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 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.	2422(b); 2423(b) Consummated
	U.S. v. Simo, Slip Copy, 2007 WL 1655399 (S.D. Ha. 2007)	Slip Copy	No Information	No information available. Report and recommendation that guilty plea be accepted.	2422(6) No Information

FCOURT	CASES			FACILITY. . FACTS/COMMUNICATION S	CHARGE
S.D.N.Y.	U.S. v. McDarrah, 2006 U.S. Dist. LEXIS 48269 (S.D.N.Y. 2006); U.S. v. McDarrah, 2007 LEXIS 6590 (S.D.N.Y. 2007)	I	Internet Sting	FBI posted an ad on Craigslist advertising young girls for sex; defendant responded & offered money for oral sex with 13 yr-old but did not show; later defendant contacted same agent (inadvertently) pretending to be 13 yr-old girl; defendant arrested outside of home where he thought "girl" lived. Challenged constitutionality of 2422(b) on its face and as applied. Appellate court ruled 2422 constitutional, but allowed defendant leave to renew his 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.	2422(b) Not Consummated Showed up at "girl's" house
	U.S. v. Brand, 2005 U.S. Dist. LEXIS 634 (S.D.N.Y. 2005)		Intbilophotk	No information available.	2422(6); 2423 No Information

CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
U S . v. Carrasquillo , 2004 U S Dist LEXIS 741 (S D N Y 2004)	US Mail	No specific information available other than case involved mail from jail to minor step-son	2422(b); 1470 (mail)
		Motion suppress letters to obtained from cell search handwriting exemplars & , expert's Court held that report. search was legal , exemplars from dictation were testimonial not once misspellings were removed but required new expert because he saw exemplars containing the spelling errors.	Not Consummated
U S . v. Gagliardi , 2006 U S Dist LEXIS 64576 (S D N Y 2006)	Internet Sting	Private citizen pretended be "13 to yr old"; defendant contacted and initiated sexually explicit conversations including asking if 13 yr-old would like "love to me for money"; communications turned police over to Claimed and entrapment sought acquittal; denied court motion	2422(b) Not Consummated

Z.A.	?. (4. A, G AS	,	:FAcia%	atm ; 0 4 p s , - :' , , :	CROWE • : - , - tt•:3-7'- , • 'I! 1 ti-G.1 .^- .r 4
D Va E	Supp F 451 S . v. Kave, U 2006); Va (E D 775 2d ., S U 2006 . v. Kaye, S U (E D 54281 LEXIS Dist 2006) Va	e	Internet Sting private by organization	followed initiated; communications IM yr-old male to 54 from calls telephone by explicit sexually boy"; yr-old "13 for meet arranged to communications; filmed by & meeting sex; went to Dateline	2423 2422(b); Consummated Not meeting up for Showed
				and use of Internet that found Court interstate the message satisfied instant of elements all commerce component; satisfied 2423 & 2422
	v. Holloman, S U WL 2006 Copy Slip , 2006) Va (E D 2796641	Copy Slip	No Information	available information specific No judge because recusal sought Defendant of the Attorney as Chairman served on Pornography Commission General's Denied years earlier 20 more than	2423(b) 2422(b); Information No

Mo D W	S . v. Hicks U , LEXIS Dist S U 2005 2005) Mo (W D 36625		Internet Sting	Internet used alleged have to Defendant traveled a minor; entice telephone to & sex act engage in to of no violation claimed Defendant no actual 2423 because 2422(b) & defendant's agrees and court minor; based granted is dismiss on motion to Helder	2423(b) 2422(b); Consummated Not meeting Showed up at

CASES ,	FAC:ILITY	FACTS/COMMUNICATION	CHARGE
U S . v. Helder 2005 U S Dist LEXIS 38874 (W D Mo 2005) ,reversed U S . v. , fielder 2006 U S App , LEXIS 15995 (8ih Cir 2006) supra	Internet Sting	No information available Court held that 2422(b) requires actual under not "belief' age by defendant mere that underage; defendant discharged from pre-trial release and judgment of acquittal entered Reversed appeal on	2422(b) Not Consummated
U S . v. Spurlock , 386 F Supp 2d 1072 (W D Mo 2005)	Internet aqui	Internet chat "Daughters room who love daddies"; chats with "mother" of 3 kids; masturbated in front of webcam while having sexually explicit conversation with "13 yr-old daughter"; arranged to for meet with "13 10 & sex , 8 yr-old" children with their "mother" by 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 actual minor no involved; general was magistrate declined to apply Helder & recommended that motion be denied	2422(b); 2423; 2253; 1470 Not Consummated Showed up for meeting

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D Me	" py_ . v. Vasquez, S U Me (D 34 2d Supp F 241 2003) see also . v. Vasquez, S U LEXIS Dist S U 2003 2003) infra Me (D 2339	el -•	Internet	using yr-old 13 sex from Solicited sex & for meet arranged to Internet; hotel arrested at meet; traveled to operation sting case initially if —unclear were recorded communications but order; detention appealed Defendant detention the adopted and affirmed court detention pre-trial required and order	2423 2422(b); Consummated Not meeting up for Showed
	. v. Vasquez, US LEXIS Dist S U 2003 2003) Me (D 2339		No Information	available information No pre-Miranda exclude Motion to bag from evidence and statements denied r	2422(b) Information No
Y N D N	. v. Johnson, S U LEXIS 52 Dist S U 2005 2005) N Y D (N			available information No 2006) Cir (2d 272 3d F 446 Affirmed at supra.
	The of Matter The In Inc Company, Herald ., LEXIS Dist S U 2006 2006) Y N D (N 11930		No Information	available information No ; regarding 2422(b) with charged Mayor of support affidavits in of unsealing phone on cellular wiretap —	2422(b) Information No

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	U S . v. Johnson , 1999 U S Dist LEXIS 8819 (N D N Y 1999)	No Information	No information available Defendant pled guilty but challenged 88 month sentence recommendation; court imposed 88 month sentence Affirmed at U S . v. Johnson 446 F 3d , 272 (2d Cir 2006) supra.	2422(b) See U S . v. Johnson , 446 F 3d 272 (2d Cir 2006)
W D Tex	U S . v. Dodd , 349 F Supp 2d 1039 (W D Tex 2004)	Internet Sting	Internet chat room communications with "14 yr-old"; photos sent of himself with erect penis; arranged to for meet arrested sex; at meeting Motion to suppress search warrants denied	2422(b) Not Consummated Showed for
N D Tex	U S . v. Jackson , 2002 U S Dist LEXIS 6168 (N D Tex 2002); see U S . v. Jackson 2002 U S , LEXIS 539 (N D Tex 2002) for details of facts; and U S . v. Jackson 69 , Fed Appx 658 (5th Cir 2003) and U S . v. Jackson , 2005 U S Dist LEXIS 33111 (N D Tex 2005)	Internet tin	No specific information available other than of Internet use to lure minor boys for oral sex. Magistrate judge recommended vacating sentence of 180 months because trial court applied enhancement for criminal sexual abuse defined in as 2241 & 2242 because prisoner's crime did fall not into the definition	meeting up 2422(b); 2252(a)(4)(3); 2253 Not Consummated

COURT	CASES	FACII ITY	FACTS/CONIMUN1CATION	1 , ,
	v. Jackson U S , LEXIS 539 S U 2002 2002) Tex (N D	Internet Sting	Internet ad placed Defendant on an an oral have for boy looking to site sex; with conversations graphic continued sexual describing acts for months "boy" arranged to perform; sent would he porn; did not for but yr-old boy" "13 meet sex & communications continued show; mall for at arranged meet to sex , when he arrested confirmation; telephone found police "boy"; the meet went to computer child porn on denied vacate Motion to	2422(6) Consummated Not meeting for Showed up

D III N	. v. Barked U S , LEX1S Dist S U 2004 2004) III (N D 27162	Internet stinv	arranged Internet; Communications over yr-old" "15 traveled meet & to meet to meeting arrested for at sex; denied dismiss Defendant's motion to	2423 2422(b); Consummated Not
	. v. Echt S U , LEXIS U S Dist 2001 2001) Ill (ND 25970	Internet Sting	availablefacts information No ground dismiss motion Defendant's to on applies to "knowingly" in statute that age denied victim of the	2422(b) Consummated Not

t 47 • ": v
ND	U S Patten Y 2003 U S , Dist LEXIS 16072 (S E N D 2003)		Internet	Internet chat communications room with "16 yr-old"; sexually explicit conversations; arranged for to meet sex; arrested meeting at Motion dismiss to denied	2422(b) Not Consummated Showed up for meeting
	U S . v. Morrison , 2003 WL 24054501 (S E N D 2003)	Unpublished	Internet Sting	Internet chat 29 yr-old male room; entered chat communications with room "16 yr-old"; discussed different acts sex with her; asked if she would his to come house to "fool around"; her his gave address and arranged for her to come; arrested by police who his went to house the meeting at time Appealed his conviction on grounds that no actual minor was involved and that is statute unconstitutional Conviction affirmed	2422(b) Not Consummated

COURT	CASES	FACILITY	FACTS/COMMUNICATION	01/34IGE
D Neb	. v. Jackson U S' , 2007 U S Dist LEXIS 33639 (D Neb 2007) * State Conspiracy charge dropped federal , no conspiracy	Internet Sting	Internet chats with "14 yr-old"; arranged to for meet drove sex; to meeting place with his daughter; left but police arrested him his at home State charge of conspiracy of sexual assault dropped because conspiracy no charge allowed in Nebraska with undercover agent conspirator as Defendant filed motion in limine to exclude cut and paste portions of Internet conversations & motion to dismiss because of pre-indictment delay Case dismissed because of delay	2422(6) Not Consummated Showed up for meeting but la State Conspiracy Dropped
N D Ind	U S . v. Capozzoli , 2007 U S Dist LEXIS 2812 (N D Ind 2007)	Internet Sting	Internet conversations with "minor" followed by telephone calls; sexually explicit conversations regarding masturbation Defendant ordered detained without bail	242204 Not Consummated

CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
S U . v. Candiano , 2005 U S Dist LEXIS 18206 (N D Ind 2005)	Internet Sting by private group	Defendant propositioned "13 yr-old" on Internet & telephone & arranged to for meet times; 3 member did sex group show; not organization posted his chat conversations on the Internet room & he responded	,-. 2422(b) Not Consummated
		Defendant moved dismiss to & revoke detention order; motions denied
U S . v. Wallace 2006 S U Dist LEXIS (ND 92609 Ind 2006)	Jnternet Sting	Sexually explicit Internet communications with "13 yr-old"; masturbated in front of webcam & encouraged "minor"to do the same.	2422(b) Not Consummated
		For of section 3156(a)(4)(B) purpose , 2422(b) charge is a crime of violence and creates a rebuttable presumption in favor of retention; defendant held without bond

1 ' ' -, aIAJIB <	,n; .:51';' , , tiatitNat , ,, T.-,-; -.,,. ,,,	,, ?.' -1 .-:!Et 'iL'c.4 :atagerAill:ii.,	IF	pr 9 ' 1
E.D. Pa.	U.S. v. Bianchi. 2006 U.S. Dist. LEXIS 90073 (E.D. Pa. 2006) Conspiracy		No Information	Foreign travel; wiretapped phone & obtained phone records. Conspiracy to engage in illicit sexual conduct in foreign places in violation of 18 U.S.C. § 2423(e). Defendant seeks Jencks Act material	2422(6); 2423 Consummated *Conspiracy 2423(e)
	U.S. v. Rosenberg, 2004 U.S. Dist. LEXIS 19160 (E.D. Pa. 2004)		Internet Sting	prior to witness testifying. 58 yr-old computer instructor at public elementary school engaged in sexually explicit Internet communications with "13 yr-old" for over a year; 2 telephone conversations; arranged to meet but defendant did not show; arranged for 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.	2422(b) Not Consummated Showed up for meeting

CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
U S . v. Tykarsky , 2004 U S Dist LEXIS 2567 (E D Pa 2004)	Internet Stine	Internet chat "lloveoldermen2" room defendant initiated communications with "14 yr-old"; sexually explicit conversations over several sessions; told her he wanted to perform sexual acts with her & described in detail; made arrangements to for meet arrested sex; at the mall	.: 2422(b); 2423 Not Consummated Showed for meeting up
		where they to were meet Motion to denied suppress because defendant gave consent to search residence
U S . v. Lester , 268 F Supp 2d 514 (E D Pa 2003)	Internet	Internet chat high room; school teacher corresponded with "7th grader" in chat followed room; by telephone conversations; sent 2 images of child the porn Internet over Defendant motion for downward	2422(b); 2252 Not Consummated
		sentence departure based diminished on capacity denied

COUsgt	ASES.-, • -a* :-/: ak; - f-,-;. -5.-wtc,3u-,w	'` r ^	. 0 LI	': .--7 , • _ • 0 DA • • *Sgag :464 imwe. ' 4	r r,br,,,y,"r. 'tit' — .I4 w aie .# 4. .,. ?4 - —
C'4-A:b•-i-C M.D. Pa.	U.S. Y Garcia. 2005 WL 1862409 (M.D. Pa. 2005); see also U.S. v. Garcia, Slip Copy, 2007 WL Cir. 986874 (3i4 2007)(Unpublished) supra	Unpublished	Internet	55 yr-old man established contact with 14 yr-old on the Internet — through IM & emails; when their 14 yr-old daughter was absent from school her parents reported her missing; police found out that a man had called girl's school to say she would not be in that day; daughter's 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	2422(b); 2423(h) Consummated
W.D.N.C.	*U.S. v. Howard, 2006 U.S. Dist. LEXIS 67214 (W.D.N.C. 2006) *Conspiracy/Pimps		Prostitution	No specific information other than case involved interstate and underage prostitution, money laundering, crack distribution & firearms possession. Defendant's motion for new trial denied.	2423; 2422(6); 1956 No Information ***Conspiracy/ Pimps

COURT	CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
N.D. Ohio	Chilleme v. U.S 2006 U.S. Dist. LEXIS 25920 (N.D. Ohio 2006) Dismissed by 2006 U.S. Dist. LEXIS 38800	Internet Sting	Defendant believed he was of"12 year communicating with mother old" and set up plans to meet for sex with both mother & daughter; traveled from Florida to Ohio to do so; arrested at meeting. Defendant pled guilty; sought habeas relief from his 60 month sentence; court will conduct evidentiary hearing.	2422(b); 2423 Not Consummated Showed up for meeting
E.D. Cal.	U.S. v. Carter, 2006 U.S. Dist. LEXIS 22501 (E.D. Cal. 2006)	Internet Stin_g	Internet chat room "preteen parents who share"; defendant wants to have sex with daughter while mother watches; Internet email & chat room & telephone communications; arranged to meet & traveled to do so - arrested at airport. Motion to dismiss denied because no actual minor required; claims he did not believe that he was communicating with a minor irrelevant to attempt charge; Congress has power under commerce clause; rule of lenity not applicable because 2422(b) is not ambiguous ; 2422(6) only regulates conduct not speech.	2422(b) Not Consummated Showed up for meeting

COURT	, . , =CASES ;	"FACIWIT- ,:. g.3 O -- , •-;:c-,,, _,	' ' 0ACTS/a01\1141trICATip$ , pw.:.4 .; ":etkAh !,-:4 .,	CEIAlicE ! - ,
E D Wis	U S . v. Davidson , 2006 U S Dist LEXIS 95757 (E D Wis 2006)	Internet Sting	No information available but to appears showed for meeting up arranged through Internet Constitutionality of 2423(b) upheld; neither statute requires actual minor; indictment need not specify the sexual conduct	2422(b); 2423; 2252(a)(2) & (a)(4)(B) Not Consummated
	U S . v. Doyle , 2007 U S Dist LEXIS 11429 (E D Wis 2007)	Internet sin	which upon it is based No information available but appears to have showed for up meeting arranged through Internet	2422(6); 2423; 2252(a)(2) & (a)(4)(13) Not Consummated
W D Va	U S . v. Jabbour , 2007 U S Dist LEXIS 13659 (W D Va 2007) Magistrate judge report and recommendation (adopted by 2007 U S Dist LEXISI8262 (W D Va 2007)	Internet Sting	Numerous online chats with "mother" of girls interested young in arranging sex; arranged to have with girls sex and traveled do to so; computer revealed videos & photos of adult/infant , adult/minor , minor/animal sex. Magistrate recommended accepting defendant's guilty plea to 2422(b); 2252A(a)(5)(B) &(b)(2); and 2256(8)(A)	22422(6); 2423(6); 2252A(a)(5)(B) & (b)(2); and 2256(8)(A) Not Consummated Showed for meeting up

COURT	CASES		FACILITY	FACTS/COMMUNICATION	CHARGE
DC	U.S. v. Curtis, 2005 WL 3312951 (D.D.C. 2005)	Unpublished	No Information	No information available. Found guilty. Defendant's motion for new trial denied.	2422(b; 2423(b); 2421; 2252(a)(1); 2252(a)( I ) & (aX5)(B); 2256; 1512(b)(1)& (b)(2)(A) No Information

D. Conn.	U.S. v. Kufrovich, 997 F. Supp. 246 (D. Conn. 1997)		No Information	No information available but indicated use of telephone, intemet and mail he-trial motions. Charged with using telephone wires, Internet and U.S. mail. Overruled by United States v. Griffith, 284 F.3d 338, 351 (2d Cir. 2002).	2422(b); 2423 No Information
	U.S. v. Rivera. 2006 U.S. Dist. LEXIS 65971 (D. Conn. 2006)		No Information	No information available Defendant's motion for acquittal on charge of 2252A denied.	2422(b); 2423(b); 2251(a) and 2252A(a)(5)(B) No Information

COURT 4 " 4:";-+ f4:::	, CASE$ -'fil - -C.V-I' ,i;•-• '', .	EFACILiTy	' IFAC*PhiNIUNfc ATION ' ,	CHARGE
	U S . v. Sweeney , 2006 U S Dist LEXIS 73025 (D Conn 2006)	Internet aim	Internet chat room "Ilovemucholdermen"several explicit conversations of sadistic behavior sexual with "13 yr-old"; arranged to meet "minor" and arrested when left his home to do so. Pled guilty to 2422(b); challenged sentencing enhancements and claimed ineffective counsel; court denied all motions and refused issue to certificate of appealability and entered judgment for respondent	2422(b) Not Consummate) Attempted to show tip for meeting

N D Al	U S . v. Powell 1 F Supp 2d 1419 (N D Ala 1998)	Internet Sting	No information available Motion to dismiss indictment denied	2422(b); 2423(b)
				Not Consummated
W D La	U S . v. Kretser , 2007 U S Dist LEXIS 45441 (W D La 2007)	Internet Stins	Internet chat during which defendant told "minor" they would be going to a motel for sexual activity & he would bring digital to take camera photos Sentencing guideline is set range at 235- 293 months in light of enhancements	2422(b) Not Consummated

COURT	CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
III D W	. v. Miller S U (N D 2d 946 Supp F 102 2000) III	Internet am	agent undercover with Communications arranged meet specified; to — method not was arrested and	2422(b) and child transporting pornography
				Consummated Not
Wis	Wisconsin of State v. N W 2d 287 Robins 646 , 2002) (Wis	Internet Sin	explicit room; sexually chat Internet self depicting photos conversations; sent boys of other minor & erect have arranged meet to to masturbating; arrested when boy"; yr-old sex with "13 meet he went to affirmed circuit's 2422(b); guilty Pled to defendant's motion to order denying does of crime attempt because dismiss minor require actual not	2422(6) Consummated Not meeting up for Showed

Ind N D	. v. Rouhselang S U , LEXIS U S Dist 2006 2006) Ind (N D 62024	Interne( Stine	explicit sexually yr-old" online; "13 Met sex with having admitted chats; to take he suggested young girl; another oral for arranged meet to photos; sex; camera in had meeting place; arrested at possession his bond without ordered held Defendant	2422(b) Consummated Not meeting up for Showed

CASES	FACILITY	FACTS/COMMUNICATION	CHARGE
U S Fuller v. , U S 2006 Dist LEXIS 63722 (N D Ind 2006)	Interne( Sting	Defendant chatted online with "13 yr old"; agreed drive to "girl's to apartment" to in sexual activity; engage arrested when he showed up.	2422(b) Not Consummated
		Defendant held without bond	Showed for meeting up
U S Davey . v. ,	Interne(	Internet chat communications room	2422(b)
2006 U S Dist LEXIS 92427 (N D Ind 2006)	Sling	with "15 12/ yr-old" girl; graphic sexually explicit reference to what he would like do to with her; arranged have to sex; arrested when he showed up.	Not Consummated
	'	Court denied for government request pre trial detention	Showed for meeting up
U S Lohman . v.	Internet	Series of online conversations with "13	2422(b)
2006 U S Dist LEXIS 79073 (N Ind D 2006)	Sting	yr-old"; arranged for to meet offered sex; bring to film; arrested when he porn showed meeting at place up	Not Consummated
		Court denied defendant's motion to revoke detention order because 2422(b) constitutes crime of violence which a created presumption of detainment a	Showed for meeting up

C9URT 44"- _-:. .:, •g.	CASES wa.c. * •:	1	[FACILITY	FACTS/COMNIUNICATION	CHARGE
W D N Y	U S . v. Friedman , 2006 U S Dist LEX1S 59445 (W D N Y 2006)		Internet	Internet communications with 14 yr-old victim trying to entice her to have scx; misrepresented his 18 yrs-old age as when in actuality he in his 40s; he was her met at a mall and took her the out to woods have to with her; caught sex by mall security Challenged 81 month sentence because he had prior convictions no Court affirmed sentence because defendant did not recognize wrongfulness of his conduct	2422(b); 2423(b) [miscited in case as 4243(6)1 Consummated/Force?
D Haw	U S . v. Schnepper , 302 F Supp 2d 1170 (D Haw 2004)		Internet	Internet used to entice minor and transfer obscene material Defendant ;challenged constitutionality of sentencing guidelines post Booker; denied court defendant's motion to impose sentence without reference to sentencing guidelines	1470; 2422(b) No Information

.: ''''' --r.' ''" 9 - itit' ud tr R !	-44 <liz .-•:.:.,rz- . ---. 1 1 ! ' 1 / : - - , </liz		FACILITV	FACTS/COMM UNICA TION . .	C TIAR (;E
S D Miss	S U . v. Luxford , Copy Slip 2007 WL , 1729589 (S D Miss 2007)	Slip Copy	No Information	No information available Motion to transfer denied is Discusses alleged victim and her friend as witnesses so implication that an actual minor was involved and not an undercover operation	2422(b) No Information

N D Iowa	. v. Townsend U S , Slip Copy WL 2007 , (N 1320495 D Iowa 2007)	Copy Slip	No Information	No information available Order accepting Magistrates and report recommendation to defendant's accept guilty plea	2422(b) No Information
D Kan	U S . v. Kelly , 2000 U S Dist LEXIS (D Kan 5293 2000)		Internet	Although he began using computer to solicit the victim when she was 15 yrs old government's evidence was that defendant's was to in purpose engage consensual when victim turned 16 sex Defendant's motion dismiss to of counts 2422(b) and 2423(h) granted because consensual with 16 yr-old is sex not criminal sexual conduct defined by 109A	2422(b); 2423(b); 1512 (witness tampering ) No Information

C U tkNi 1-:	ta. . ,, •.;;;L;ii " ' Yiii	FACILITY	FACTS/COMMUNICATION	CHARGE CHARGE
	U.S. V. Riccardi , 258 P Supp 2d 1212 (D Kan 2003)	No information	No specific information available other than ; telephone calls 3 different to minor males Defendant found guilty & filed motion for judgment of acquittal and/or new trial , which was denied	2252(a)(4)(B); 2422(b) No Information

E D Ky	U S . v. Kimberly , 2005 U S Dist LEXIS 27955 (E D Ky 2005)	Internet	Defendant 15 yr-old met on the Internet; solicited sex from her on the Internet; arranged her to for meet her and sex; met had sex. Pled guilty Motion withdraw to guilty plea denied	2422(3) Consummated

D Nev	U S . v. Johnson 445 F Supp 2d 1181 (D Nev 2006)	Internet Sting (by state)	Internet communications; arranged to for meet sex and for meet sex; state charges dropped but federal charges made; Defendant contested "illegal arrest"; state Motion to suppress denied	2252A(a)(5) (B); 2422(b) Not Consummated Showed up for meeting

COURT	CASES		FACILITY	FACTS/COMMUNICATION	CHARGE
A.F. Ct. Crim. App.	U.S. v. Filipkowski. 2002 CCA LEXIS 70 (A.F. Ct. Crim. App. 2002)	Unpublished	Internet Sting	Internet chat room "M4M"; conversations with "15 yr-old male"; sexually charged conversations; arranged to meet; arrested at mall when he showed up. Appellate court affirmed conviction & 2 year sentence.	2422(6); 10 U.S.C. 890, 892 & 934 Not Consummated Showed up for meeting
	U.S. v. Moffeit, 2004 CCA LEXIS 55 (A.F. Ct. Crim. App. 2004)	Unpublished	Internet	Defendant set up website seeking girls 13-20 yrs-old for pagan rituals; pornographic images retrieved from his disks. Sentenced 45 months, dishonorable discharge, total forfeiture of pay. Conviction & sentence affirmed.	2422(b); 2252A; 10 U.S.C. 934 Not Consummated
	U.S. v. lionzik, 2003 CCA LEXIS 280 (A.F. Ct. Crim. App. 2003)	Unpublished	Internet Sting by private organization	Internet chat room "Older Men for Younger Girls" ; communicated with "13 yr-old"; sexually explicit as to what he would like to do to her; asked her to shave pubic area & arranged to meet for sex; sent info about hotel reservations & telephone number; suggested that she 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.	2422(b); 2252A; 10 U.S.C. 880 & 934 Not Consummated Showed up for meeting

iXi:? ,':,, 'N. •' •, •.4 ., •A:: 0474f:a	.1.:A-4 ra• I a* N.S•;	r *	vt":.: ' 4,kl•WE-434,Y e	1a MAR
U.S. v. Larson , 64 M J 559 (A F Ct Crim App 2006)		Internet Sting	Contacted "14 yr-old" through Internet instant service; message turned conversation towards sex; asked if she would for meet sex; arranged for to meet sex; arrested when he showed up. Sentence 9 years. Conviction affirmed but sentence reduced 6 to years.	2422(b); 10 U S C 880 892 & , 934 Not Consummated
U S				Showed up for meeting
. v. Gray , 2006 CCA LEXIS 130 (A F Ct Crim App ., 2006)	Unpublished	Internet Stint	Internet chat room conversations; propositioned "14 yr-old"; arranged to for meet sex; arrested when he went to her house	2422(b); 10 U S C 880 & 934
			Conviction of indecent exposure set aside; all other convictions affirmed	Not Consummated
U S . v. Amador	Unpublished			Showed up for meeting
, 61 M J . 619 (A F Ct Crim App 2005)		Internet tlag	Chatted with "13 yr-old" on several occasions; arranged to meet mall; at have sex; shower & dinner; go to arrested when he showed the	2422(b); 10 U S C 920 & 934
			up at mall	Not Consummated
				Showed up for meeting

;f	]Cti ,giaCk SES:14/ tvv 4e .••• .w. ,a.uhro 1 ,. ,,,	' ;ii;• 4. , 'ZI-e?.?. ,--	EA 914 11r11- .: 4.1 , ,,-, ,.:-4 •ea.A.-zt	/COMMUNICATIOWs if -;- 4 :.: NSAil-**cliti	If
Navy Marine Ct Crim App	U S . v. Boggs , 2007 CCA LEXIS 196 (N M Ct Crim App 2007)	Unpublished	Internet Sting private by organization	tf,.: /::r494 zr-i. :.,, ••3 1 Internet chat room, email & telephone contact; sexually explicit conversations; arranged & traveled to for meet sex; arrested at meeting place Sentenced to 8 dishonorable years, discharge & reduction in grade pay found unreasonably & reduced severe to 3 years.	b :ii, %:., 2422(b) , 2252A(a)(5)B); 10 U S C 880 & 934 Not Consummated Showed
	U S . v. Heisler , 2005 CCA LEXIS 131 (N M Ct Crim App 2005); Affirmed at U S . v. Heisler , 64 M J 82 (C A A F 2006)	Unpublished	Internet Slag	Emails with several minor boys; arranged to meet "15 yr-old boy" for sex; arrested at meeting Appellate court affirmed conviction	for meeting up Article 134 UCMJ , (which incorporates 18 U S C 2422(b)) & 134; 10 U S C 880 & 934 Not Consummated
	U S . v. Proctor , 2007 CCA LEXIS 187 (N M Ct Crim App 2007)	Unpublished	Jnternet Sting by private organization	19 yr-old contacted "12 yr-old" & "14 yr-old" several over months; sexually explicit conversations; arranged to meet for but did sex not show Conviction and sentence affirmed	Showed for meeting up 2422(b); 10 U S C 886 891 & 934 , Not Consummated

COURT '	CASES	FACILITY	FACTS/COMMUNI5an - . 'l ,	CP4etRGI
C A A F	U S Brooks . v. , 60 M J (C 495 A A F 2005)	Internet leading to Internet St d	Internet chat defendant initiated room; communications with private citizen in chat citizen room; reported to police & Internet Sting began; he continued contact & arranged to for meet and sex told her bring to "8 yr-old" neighbor; arrested in hotel where supposed to meet Conviction affirmed	2422(b) Not Consummated Showed for meeting up

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