LAW OFFICES OF Grraxp B. Lercourt, PC. A PROFESSIONAL CORPORATION 148 EAST 75" STREET NEW YORK, NEW YORK 10021 GERALD B. LEFCOURT TELEPHONE 1212) 737-0400 FACSIMILE SHERYL €. REICH feich@letcourtlaw.com RENATO C. STABILE stadse@lefcourtiaw com aM July 25,2007 BY HAND Chief of the Criminal Division The United States Attorney's Office Southern District of Florida 99 NE 4" Street Miami, Florida 33132 Jeffrey Epstein Dear Mr. Menchel: We have previously provided you with a memo as to why we believe no charge under 18 U.S.C. §2422(b) could or should be brought against 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 case.' 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,’ ' For several months, we have also been consulting on this matter with Stephanie Thacker, former Principal Deputy Chief, Department of Justice, Child Exploitation & Obscenity Section. Ms. Thacker Supports our position without reservation that this is not a matter upon which the federal! statues should be brought to bear. Ms, Thacker would also welcome any questions or concerns you would like to raise with her ~ Please note that the enclosed chart amends the one provided to you earlier this week by adding additional details recently located. EFTA00079409

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Law OFFICES OF GeraLp B. Lercourr, PC. Chief of the Criminal Division The United States Attomey’s Office Southern District of Florida July 25, 2007 Page 2 For example, of the 184 prosecutions in which at least one count alleges a violation of §2422(b), in the overwhelming majority of those cases — 160, or over 85% -- the “means” of interstate communication was the Internet and involved the classic “Internet trolling” — far different from the behavior alleged here. Of that subset, the vast majority -- 113 -- were “sting” operations involving “children” (actual ly, agents) said to be between 2 and 14 years of age. The government in each of those instances took every precaution to verify that the defendant’s actions were undertaken “knowingly”. ‘To the extent we can determine the facts, it appears that prior to a case being brought, in each instance multiple explicit (and recorded) conversations were had, so there could be no question as to when the inducement was attempted, whether the inducement was of explicit unlawful sexual activity, or what the defendant's belief was as to the age of the victim. Again, this has no applicability to the facts alleged here. The data is informative in other ways, as well. Though there are a handful of cases in which the telephone is one of a multiple of means of interstate communications allegedly used, in only two such cases, both far different from the facts here.’ was the use of the telephone the sole means of the wrongdoing alleged. In the remaining telephone cases, the §2422(b) count is only one of several amongst various charges of possession of child pornography, violence, and the like. The data from the chart also establish that in the vast majority of the cases brought, no sexual activity was actually consummated. That confirms that prosecutions under §2422(b) are focused on protecting the federal interest in preventing the means of interstate communication from being used to commit crimes. particularly with respect to activities that are traditionally difficult for the state to prosecute. A prosecution predicated on an incidental telephone call used as a “hook” to trigger federal jurisdiction in order to punish a defendant for the underlying sexual activity is well out of, not only the mainstream of §2422(b) Prosecutions, but all §2422(b) cases that have ever been brought. Here, the state is fully able to prosecute the conduct alleged. We understand that the government believes it possesses proof that on various occasions telephone calls were 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 involve pimps who conceded that their businesses hinged on the use of telephones. Moreover, it is unequivocal that the arrangements being made are for sexual activity with underage women. EFTA00079410

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LAW OFFICES OF GrRALD B. Lercourrt, PC. = of the Criminal Division The United States Attomey’s Office Souther 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 the interactions by repeatedly calling to schedule massages. If the calls on which the government might seek to rely were merely “return” calls, certainly any alleged “inducement” would be far from unambiguous. And of course, the woman who called would have to have been known by Mr. Epstein to be under (8, and further, Mr. Epstein would have to have known and intended that a specific sexual activity unlawful under Florida law was being induced. Thus, contrary to there being unambiguous proof of the required elements of a §2422(b) violation in this case, at least the following defects exist: First, it is hardly the case that every massage resulted in sexual activity. Thus, merely because there was a telephone call, even one that might have “induced” a massage (which we dispute), such telephone call is not tantamount to the use of a telephone in violation of the statute, Second, even where a particular massage involved masturbation by Mr. Epstein or the touching of a woman, we dispute that any such conduct is a violation of any applicable Florida law. > focused on the evidence which reflects the sworn statement of, for who told state investigators that she was asked to find women between fide Mr. Epstein with topless massages and which sometimes involved their being touched. Fla. Stat. Ann. §796.07, a general statute which proscribes “prostitution” and “lewdness”, regardless of whether an adult or minor is involved, is of very limited applicability here. ‘That statute’s definition of “prostitution” excludes conduct of which there may be evidence, specifically, a man masturbating himself while touching the breasts of another. Section 796.07(1)(a) defines “prostitution” as the giving or receiving of the body for sexual activity for hire. “Sexual activity” is defined to include “the handling or fondling of the sexual organ of another for the purpose of masturbation”. Thus, “sexual activity” appears to cover situations where a woman is paid to masturbate a man but excludes the situation where the man masturbates himself in the presence of a woman. Any other reading of this Statutory language would raise constitutional problems of fair warning, vagueness and lenity. EFTA00079411

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LAW OFFICES oF Geratp B. Lercourr, PC. = 7 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 to Mr. Epstein, some of the women were in fact not yet 18. It is Certainly not clear that any state statutes were violated by Mr. Epstein’s conduct with any of these women, cither. Florida law criminalizes relatively little sexual activity with persons between the ages of 16 and 18. For example, it i topless or even naked. See Fla. Stat. A between the age of 16 and 18). other private areas of someone b committed, which we surely do r could be proven that the defend. nn. §800.04 (lewd and lascivious conduct with a child Nor does that statute make it a crime to touch the breasts or etween 16 and 18. /d And, of course, even if a State crime was hot concede, that does not make out a federal crime, unless it ant knowingly induced an illegal act over the telephone. Moreover, at best, the proof would show that only a small minority of Massages resulted in what may possibly be characterized as sexual activity with a woman under the age of 18. But even where a massage involved sexual activity with a woman under 18, to the extent Mr. Epstein did not know the woman was under 18, or the telephone call did not induce the activity, or Mr. Epstein did not intend the sexual activity at the time the telephone call arranging the massage, or the person arranging the massage did not intend the sexual activity, there would be multiple additional barriers to a successful prosecution. Further, putting aside whether there is sufficient proof that Mr. Epstein knew (and not mercly that he “should have” surmised) that any of the women were in fact under 18, the set of facts hypothesized above has never before provided a legally sufficient predicate for a prosecution under §2422(b) - or under any other federal statute, The enclosed chart clearly and compellingly demonstrates that every charge brought alleging a violation of §2422(b) is characterized by direct (not circumstantial and certainly not speculative) evidence of the defendant himself (not others on his behalf) using the means of interstate communication to communicate an unambiguous inducement to a person known to be underage or in the case of a sting, represented to be underage (or a person thought to be acting on behalf of such person) during the very communication that constitutes the required basis for federal jurisdiction. EFTA00079412

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Law OFFICES oF GERALD B. Lercourt, PC = . the 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 that is at the very heart of any potential §2422(b) charge. Even if the government contends that Mr. Epstein induced unlawful sexual activity at some point, face to face, after a telephone call, the Separation of the communication and the inducement takes Mr. Epstein’s alleged misconduct outside the ambit of federal prosecution. It would be unprecedented (and unprincipled), as the chart demonstrates, to prosecute Mr. Epstein under §2422(b) absent proof beyond a reasonable doubt both that he knew the age of the person and that he intended in that communication to induce sexual activity that is unlawful under Florida law. It would also be unprecedented to prosecute Mr. Epstein under §2422(b) based on a telephone call made by a third party without direct proof that Mr. Epstein intended that telephone call to induce unlawful sexual activity. For all of these reasons, as well as those asserted at the meeting of June 26 and in our follow up letter dated July 6, 2007, as well as our earlier letter of June 25, we submit that no charge under 18 U.S.C, §2422(b) can be brought. If you have any questions or would like to discuss this further, we are available, Very truly yours, (bon nM. DiBheudy. Alan M. Dershowitz ce: Lilly Ann Sanchez, Esq. EFTA00079413

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JEFFREY EPSTEIN 18 U.S.C, §2422(b) CASE ANALYSIS CHART A nationwide search of all cases listing charges under 18 U.S.C. §2422(b) underscores the undeniable fact that this statutory provision has been used almost exclusively to apply to situations involving Internet “trolling” by sexual predators. Out of a total of 184 cases listed in the chart below, the overwhelming majority — 144 cases — involves communications using the Internet. Of those cases, 115 involve the classic “Internet Sting” operations where either the government or a private organization has focused its investigative efforts on the use of the Internet to lure infants and minors, 3-14 years-old. Of those 115 cases, 71 involved the use of Internet chat rooms. As the chart reflects, the circumstances under which this statute has been applied invariably involved communications containing an explicit inducement — if not many — to the minor to engage in sex, and reflect the defendant’s clear knowledge of the age of the minor. Notably out of the184 cases, only 2 cases involve the use of only the telephone. Both of those cases involve charges against pimps using phones to arrange appointments for prostitutes. 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, e.g., U.S. v. Pisman, 443 F.3d 912 (7 Cir. 2006) (2423(b) conspiracy); U.S. v. Pipkins, et al., 378 F.3d 1281 (11 Cir. 2004) (RICO conspiracy); U.S. v. Hornaday, 392 F.3d 1306 (11" Cir. 2004) (conspiracy charge was error); TTT

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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). U.S. v. Dewire, AOL instant message (IM) 2422(b) 271 F.3d 333 (1* Cir. communication with “12 yr-old”; 2001) sexually explicit conversation, at the end _| Not Consummated of which defendant arranged to meet “12 yr-old” at a restaurant. In reality Showed up for meeting communications were with an adult swim team coach who had been using the girl’s computer; coach turned print out of conversation over to police who observed defendant entering and leaving the restaurant and arrested him, Sentence 13 months; appeals conviction & sentence. Affirmed. EFTA00079415

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U.S. v. Gravenhorst, Unpublished 2006 U.S. App. LEXIS 32373 (1st Cir. 2006); vacating 377 F.3d 49 (15" Cir. 2004) use of email by 45 yr-old male to 2422(b); proposition 4 16 yr-old girls& one under 1470; 16 yrs-old to engage in sex with him; 1462 defendant pretended to be 19 yr-old and sent numerous graphic emails asking minors for sex; also sent sexually- No Information charged images to them — including couple engaging in sex and an erect penis. Sentence vacated in light of Booker. Unpublished Email communications with actual 14 yt- | 2422(b); old; defendant arranged to meet and 2423(b) 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 upon meeting 14 yr-old in an aroused state once they met; defendant found with condoms in his car; & when arrested photos were found on his digital camera, one of which he had sent to the 14 yr-old via email. Conviction affirmed but 81 month sentence vacated to be reconsidered in light of Booker. U.S. v. Friedman, 139 Fed. Appx. 330 (2™ Cir. 2005) Consummated EFTA00079416

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US. v. Weisser, 417 F.3d 336 (2™ Cir. 2005) AOL IM chats (over 6) between 45 yt- old male from San Francisco and “11 yr- old male” in NYC; discussed in graphic language the kinds of previous sexual activity he had engaged in with other minor males and those he planned to engage in with the “11 yr-old” ; defendant arranged to meet the “boy” at a hotel in NYC; talked on the telephone twice (calls recorded); requested photos to verify age; made detailed plan for “11 yt-old” to skip school and stay with him at hotel in NYC; defendant sent “‘] yr- old” his flight and hotel information and waited for “boy” in hotel room where arrested; police found defendant with sexual paraphernalia and CD in computer containing child porn which had been created from images downloaded from defendant’s computer. 210 month sentence remanded to be reconsidered in light of U.S. v. Crosby, 397 F.3d 103 (2d Cir. 2005). 2422(b); 2423(b); 2252A(a)(1) Not Consummated Showed up at meeting EFTA00079417

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

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3" Cir. 315 F.3d 206 (3" Cir. 2003) U.S. v. Awwad, 184 Fed. Appx. 201 (3" Cir. 2006) Unpublished | Internet Sting 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. Case involved typical internet sting operation. No specific facts available. . 2252A(a)(1) & (b)(1); (a)(5)(B) & (b)(2); 2423(b); 2422(b) Consummated 2422(b); 2423(b) Not Consummated EFTA00079420

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No Information Slip Copy Not for Publication U.S. v. Hlavac, Slip Copy, 2006 WL 3368897 (3" Cir. 2006) 2 yr-old who was offered by the mother. Appealed 240 month sentence. Affirmed. Consummated 2422(b); 2423(b) 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, Syr supervision & fines. Affirmed. Internet U.S. v. Garcia, Slip Copy Slip Copy, 2007 WL 986874 (3 Cir. 2007); see also U.S. v. Garcia, 2005 WL 1862409 (M.D. Pa. 2005)(Unpublished) infra US. v. Tykarsky, 446 F.3d 458 (3 Cir. 2006) Not for Consummated Publication 2422(b); 2423(b) 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). Not Consummated Showed up at meeting EFTA00079421

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2422(b); 21 USC 841 (marijuana possession ) 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 to be concurrent or alternative sentence of 204 months - court affirmed sentence. U.S. v. Bray, 133 Fed. Appx. 80 (4" Cir. 2005) Unpublished No Information No information. Appealed 71 month 2422(b); 2423(b) sentence, Affirmed. U.S. v. Taylor, 6 Fed. Appx. 174 (4" Cir. 2001) Slip Copy Not for No Information Publication No Information Internet Internet communications by 54 yr-old Sting male with “13 yr-old male”; defendant told “13 yr-old” he was “prowling for young men” on the Internet; defendant emailed explicit photos of himself naked and having oral sex with another male; defendant engaged in several sexually explicit chats with “14 yr-old”; arranged to meet “14 yr-old” for sex; when defendant arrived he was met by “Dateline” crew instead. Conviction & sentence affirmed 2422(b); 2423(b) Slip Copy Not for Publication U.S. v. Kaye Slip Copy, 432007 WL 1978226 (4" Cir. 2007) by private organization Not Consummated EFTA00079422

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U.S. v. Farner, 251 F.3d 510 (5" Cir, 2001) Defendant met “14 yr-old”'through IM chat; defendant kept in contact with her through Internet and attempted to entice “14 yr-old” to have sexual relations with him; engaged in IM chats and telephone conversations for three months; through Internet arranged to meet at restaurant to have sex; drove to restaurant and was arrested. Not Consummated Showed up for meeting Legal impossibility not a defense. U.S. v. Cherian, Unpublished | Internet Internet chat room “Mom and Daughter 58 Fed. Appx. 596 (5" Cir. Sting Sex”; defendant initiated conversations 2003) with “mother of 13 yr-old”; over 13 months communicated with her relating sexually explicit details of sex experiences and preferences with the “13 yt-old”; arranged to meet “13 yr-old” for sex and arrested when he showed up. Conviction affirmed. U.S. v. Berger, Unpublished | No No information. Information | Pied guilty to 2422(b); appealed plea and sentence. Appeal dismissed. 2422(b); 2423(b) Not Consummated Showed up for meeting 2422(b) 119 Fed. Appx. 658 (5" Cir. 2005) No Information EFTA00079423

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U.S. v. Latorre, 61 Fed. Appx 557 (5" Cir. 2003) U.S. v. Armendariz, 451 F.3d 352 (5" Cir. 2006) sees ES ae : HLATY., | Unpublished | No Information Internet No information. Sentence restriction that prohibits defendant from “visiting any areas near schools, day-care centers...” after release from 105 imprisonment affirmed. Internet chat room“Lil Boys for Older Men”; 38 yr-old man entered & contacted minor “boy” through chat room describing sexual encounters he would like to have with the “boy”; claimed he would like to teach the “boy” how to perform sexually; later used phone to continue contact and arranged to meet for sex; arrested when he showed up for the meeting. Computer analysis showed that he had corresponded with at least 4-5 other actual minor males but had never attempted to have sex w/ them, Government contested failure to require supervision upon release after 60 month sentence; sentence vacated and remanded be court did not consider the guidelines in not requiring post release supervision. 2422(b); 2423(b) No Information 2422(b) Not Consummated Showed up for meeting EFTA00079424

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2422(b); 2423(b) Internet chat room; 38 yr-old 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 sex acts they would perform together; defendant asked her to send explicit nude photos of herself; arranged to travel to meet for sex and recorded encounters; met on at least 3 separate occasions and performed sexual acts & took non-sexual & sexual photos. US. v. Wise, 447 F.3d 440 (5" Cir. 2006) Consummated Contested 168 month sentence because of “grouping” in pre-sentence report. Affirmed. TTS

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Internet and telephone communications between 42 yr-old an d16 yr-old girl; the two met and had sexual relations; when the 16 yr-old tried to end the relationship, the defendant threatened and physically abused hergirl; police engage in undercover investigation. Challenged use of prior felony convictions to enhance sentencing to 150 months. Affirmed. U.S. v. Smith, 20 Fed. Appx. 412 (6" Cir. 2001) 2423(b); 2422(b); 2252 Consummated Internet communications between defendant and“mother of under age girls”; defendant expressed interest in having sex with “daughters”; arranged to meet; arrested when he showed up after attempting to escape and hit officer with his car. Pled guilty; contested 144 month & 10 yr. supervision sentence. Affirmed. Slip Copy Not for Publication US. v. First, Slip Copy, 2007 WL 1700818 (6" Cir. 2007) 2422(b); 2423(b) 22410; 22410; 111 (assault of officer) Not Consummated Showed up for meeting EFTA00079426

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Sead a Slip Copy Not for Publication Internet chat room “moms want older men for dau.”; approached “mother of 12 & 9 yr-olds” for sex with all three; graphic conversations with “12 yr-old” about having oral sex with her & getting her “9 yr-old” sister to participate; used telephone to finalize arrangements to meet for sex with “girls” & told them to get morning after pill because he did not want to use condom; wanted to be first sexual partner of the “12 yr-old”; arrested when he showed up. Internet Sting U.S. v. Yokeley, Slip Copy, 2007 WL 1958627 (6" Cir. 2007) Pled guilty; contests 108 month sentence. Affirmed. No information. Consolidation of 2 cases same defendant - New Mexico & Michigan grand jury charges of 2422(a) & (b); 2423(b) & 2251. Pled guilty without reservation to challenge constitutionality of PROTECT Act. Act found constitutional and conviction affirmed. U.S. v. Salazar, 185 Fed. Appx. 484 (6" Cir. 2006) Unpublished | No Information 14 2422(b); 2423(b) Not Consummated Showed up for meeting 2422(a) & (b); 2423(b); 2251(a) No Information EFTA00079427

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Defendant engaged in Internet IM chats with adult women which he continued with telephone contact; women reported him to police 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 a meeting with “14 yr-old” to have sex; arrested when he showed up. 77 Fed. Appx. 371 (6" Cir, Sting 2003) Challenged sentence of 135 months &2 year supervision. Affirmed. Internet chat room; 32 yr-old met 16 year-old; engaged in IM and telephone communications containing graphic descriptions of sexual desires & role playing; mother found daughter in motel room with defendant and called police; this was appeal of the court’s refusal to ask jurors during voir dire if they thought that a 16 year-old could seduce an adult. Court found no error. U.S. v. Kisor, Unpublished 104 Fed. Appx. 479 (6" Cir. 2004) 2422(b); 2252(a)(1); (a)(4)(B) Not Consummated Showed up for meeting 2422(b) Consummated EFTA00079428

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ie ‘ACILITY _ ‘CHARGE FACTS(COMMUNICATION Internet 2422(b); 2423(b) Sting Internet chat room “I Love Older Men”; 52 yr-old met “14 yr-old” in chat room; engaged in at least 14 explicit sexual conversations; arranged to meet and arrested when he showed up. U.S. v. Chriswell, 401 F.3d 459 (6" Cir. 2005) Not Consummated Appeals 2 level enhancement of sentence because undercover agent was not actual minor; court agreed with defendant and reversed and remanded. Showed up for meeting Internet chat room “I wanna do older men”; 27 yr-old initiated conversation with “14 yr-old”; defendant expressed desire to have sexual relations with her & sent her money to buy a plane ticket in order to meet him for sexual activity. Arrested when he went to airport to pick her up. 2422(b); 2423(b) U.S. v. Hamm, 400 F.3d 336 (6" Cir. 2005) Not Consummated Showed up for meeting Pled guilty and challenged 33 month sentence because court failed to recognize its ability to depart downward from the guidelines; sentence vacated. 16 EFTA00079429

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2422(b) Internet chat room contact with “14 yr- old”; defendant asked “14 yr-old” if she would perform oral sex on him and told her he wanted to touch her under her clothes; arranged to meet at a restaurant. U.S. v. Payne, ~—— Tunpubtished | int Internet | 77 Fed. Appx. 772 (6" Cir. Sting ; 2003) Arrested when he showed up. Pled guilty but challenged sentence base affirmed 24 month & 2 year supervision. offense level computation; court U.S. v. McCall, Unpublished Sting Internet chat room; initiated 79 Fed. Appx. 795 (6" Cir, communication with “1S yr-old”; FBI 2003) took over and continued communications as “13 yr-old”; defendant indicated he wanted to engage in sexual intercourse with “13 yr-old” and arranged to meet; arrested at the meeting place. His computer revealed contact with at least 3 actual minors; charged with 2243(a)and 2422(b); pled guilty to 2423 in exchange for dropping 2422 charge; challenged court’s failure to depart downward; appellate court dismissed for lack of jurisdiction because judge knew that she could depart downward. 17 Not Consummated Showed up for meeting 2422(b); 2243(a) Not Consummated Showed up at meeting ee EFTA00079430

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US. v. Bailey, Defendant contacted minors through 2 228 F.3d 637 (6" Cir. Internet; used graphic language 2000) describing how he wanted to perform oral sex on them and urged them to meet him; asked for photos of minors; admitted to trying to set up meetings for sex with other minors but said they never took place. Guilty of attempt to use the Internet to persuade, etc.. U.S. v. Coppedge, Unpublished | Computer Pled guilty to using computer to entice a 12 Fed. Appx. 270 (6" Cir. minor & 2423(b); challenged 57 month 2001) & 3 year supervision sentence. Affirmed. U.S. v, Champion, Internet Internet chat room; met 13 year-old in 248 F.3d 502 (6" Cir, (involves internet chat room whiled pretending to 2001) kidnapping) | be 19 yrs-old; took her i interstate; 9 sexually molested her over 3 day period , and held her against her will. Pled guilty; challenged sentence enhancement as career offender and as violent crime; court affirmed sentence. 2422(b) Not Consummated 2422(b) and 2423(b) 2422(b); 2423(a); 2251(a) and 2252A)(4)(B) Consummated/ Force EFTA00079431

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Unpublished | U.S. v, Volungus, 8 Fed. Appx. 555 (6" Cir. 2001) U.S. v. Humphrey, Unpublished 146 Fed. Appx. 1 (6" Cir. 2005) No information presented. Challenged application of special condition to his 3 year supervised release after serving his 53 month sentence that he not possess a computer; court affirmed because defendant agreed to the condition at pre- sentence hearing. defendant setg up a meeting through the Internet and traveled to engage in sex with “7 & 12 yr-olds & their mother”. Pled guilty. Challenged sentencing; court reversed sentencing because sentence was issued under a “pre- Booker” regime. 2422(b); 2252A No Information 2422(b); 2423(b) Not Consummated Showed up for meeting EFTA00079432

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Internet chat room; British citizen met 2422(b) “15 yr-old” in chat room; he repeatedly attempted to entice her into having sex with him and boasted about another Not Consummated relationship with a “15 yr-old” in Florida; when “15 yr-old” finally agreed : defendant flew from Belfast to Chicago | St°Wd uP for meeting for that purpose; arrested in hotel when he tried to hug & kiss the agent. Police found condoms; video camera set-up to film in hotel room; at defendant’s home police found sexually graphic communications between defendant and other minors. 345 F.3d 943 (7" Cir. 2003) Government challenged the judge’s downward departure in sentencing based on defendant’s heart condition and severely diminished capacity to make good judgments and deportable alien status; court vacated the sentence and remanded. 20 EFTA00079433

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Internet chat room “ *!SeXy HiGh SchOol HoTTiEs*” 3 48 yr-old man communicated with “15 yr-old” by Internet & later by telephone for months; very graphic sexually explicit conversations; defendant tried to teach “15 yr-old” how to seduce her friend; told her he wanted to have sex with her & her friend and wanted to take photos & make a movie; arranged to meet for Sex; arrested when he showed up. Affirmed. Internet Sting Slip Copy for U.S. v. Veazey, — F.3d—, 2007 WL 1892821 (7" Cir, 2007) Publication 21 2422(b); 2423(b) Not Consummated Showed up for meeting EFTA00079434

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***U_S. v, Pisman, 25 Internet chats between defendant and | Conspiracy to travel ... 443 F.3d 912 (7" Cir. co-conspiratorPisman ; the two were 2423(b) and (e); 2006) involved in a sexual relationship & made Wilkerson with plans for defendant to travel to meet with 2422(b) co-conspirators & others to engage in *** Conspiracy charge*** sex; more than one of those were minor boys. Co-conspirator had been the one to contact the minors so he was charged with 2422(b), defendant was charged with conspiracy to travel under 2423(b). No Information Jury acquitted defendant of conspiracy to travel but found him guilty of 2422(b) violation. | Court remanded for resentencing because of court’s downward departure in P’s sentence. 22 EFTA00079435

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= 2422(b) & 2252(a)(1) & (a)(4)(B) Email messages with “14 yr-old” boy asked for photos and sent photos 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 contact with other minors. Pled guilty to 2252; offense level based on “pattern”; defendant challenged and requested downward departure because he volunteered info about other crimes; court affirmed. U.S. v. Lovaas, 241 F.3d 900 (7" Cir, 2001) Not Consummated EFTA00079436

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US. v. Shutic, 274 F.3d 1123 (7" Cir. 2001) NIC SGSCONNIN Internet chat room “Male for Barely Legal Female”; initiated conversation with “14 yr-old”; over 6 month period sent over 51 images of people engaged in sexual intercourse & discussed plans to meet to engage in intercourse; defendant flew from his home in OH to IN but returned home when he saw unmarked police cars; defendant attempted to meet “14 yr-old” again but was arrested when he showed up; defendant had also made contact with another “minor” and had scheduled meeting for sex. Pled guilty but challenged his sentence based on court’s refusal to group counts of child pornography claiming they involved the same primary victim — society. Affirmed. 2422(b), 2243(a) and 2252A(a)(1) Not Consummated Showed up for meeting EFTA00079437

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I we. 2422(b); 2252(a); 2252A(a)(1) and (a)(5)(B) Internet chat room; “Pen-pal” email contact initiated by defendant pretending to be 15 year-old girl whose father was teaching her to have sex; arranged to meet underaged victim in mall but defendant showed up instead & told victim that “15 year-old” could not make it; took victim to hotel, threatened her with knife, forced her to take clothes off and took photos; showed her photos of other young girls; continued to send increasingly hostile emails trying to get her to have sex; defendant appealed sufficiency of evidence, credibility of witness and also challenged government’s introduction of pediatrician that photos were of under 18 yr-olds. Affirmed. 270 F.3d 709 (8" Cir. 2001) Not Consummated/Force to have victim pose for naked photos 26 ES ETT ET

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es Internet chat room; IM chats between 47 yr-old man and “15 yr-old”; exchanged addresses and defendant asked “15 yr-old” to meet him in a hotel U.S. v. Dickson, 149 Fed. Appx. 543 (8" Cir.) her he wanted to make love to her; when “15 yr-old” stated she had no experience defendant asked if he could teach her; arrested when he went to meet her at the hotel parking lot. Appeals his conviction and 60 month sentence. Affirmed. Internet chat room; IM chats during which defendant arranged to have sex with minor; arrested when he showed up at the park. There was evidence that the defendant had Previously attempted to engage in sex online conversations with 12 & 13 yr-old girls prior to the sting operation that resulted in his arrest. The government contested his release on bail for 60 days before his self-surrender, Court vacated order and remanded for issuance of a bench warrant. US. v. Little, 485 F.3d 1210 (8" Cir, 2007) 27 parking lot near his house; defendant told Not Consummated 2422(b) Not Consummated Showed up for meeting EFTA00079440

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2422(b), 2423(b), 2252(a)(2) and (A)(4)(b) Internet chat room “male-to-male”; conversations for 15 months; gave detailed description of how he would give massage; graphic sexual conversations, discussed oral sex and suggested a 3-way with"15 yr-old’s” friend; and arranged to meet for 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 use of undercover “minor victim”. U.S. v. Blazek, 431 F.3d 1104 (8" Cir. 2005) Not Consummated Showed up for meeting EFTA00079441

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Internet tin Internet chat room “IluvOlderMen”; 2422(b); 2423(b) during chats defendant asked “14 year- old” for photos; asked if she was a virgin and if she would come to visit him where her “virginity would be over”; arranged to meet to have sex and told her they would marry in a few years; repeatedly told her that was important to keep this a secret; he sent her money for ticket; arrested when he went to pick her up at the train station. U.S. v. Naiden, 424 F.3d 718 (8" Cir. 2005) Not Consummated Showed up for meeting Challenged lower court’s refuseal to allow his friend to testify that he did not believe the victim was actually 14 yrs- old. Appellate court affirmed because even if it had been error not to allow testimony, which it was not, there was overwhelming evidence of his belief that she was 14 yrs-old. EFTA00079442

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defendant initiated Internet conversation | 2422(b); 2423(b) with “13 yr-old” followed by telephone calls; stated he was interested in having vaginal intercourse with “13 yr- old”minor & was willing 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. US. v. Hicks, 457 F.3d 838 (8" Cir. 2006), overruled Helder,452 F.3d 751 Not Consummated Showed up for meeting Internet chat room and telephone 2422(b); 2252(b)(2) communications with “13 year-old”; defendant made plans to travel for Sex; did same with another undercover agent; many times masturbated in from of webcam; arrested at meeting place. Police found nightgown, condoms, lubricant & camera, video & computer equipment; search warrant obtained for computer revealed many other similar “chats” and child pornography. Defendant challenged government enhancement for “uncharged conduct” including similar other sex chats & exchange of sexually explicit photos with 12, 17 and 14 year-old girls Appellate court affirmed sentence enhancement. U.S. v. D'Andrea, 473 F.3d 859 (8" Cir. 2007) Not Consummated Showed up for meeting 30 TTT

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Internet chat room; met 12 year-old in chat room; communicated via Internet & telephone; traveled to have sex and did; U.S. v. Garate, 482 F.3d 1013 (8" Cir. 2007) pled guilty to 2423(b) charge & government agreed to drop 2422(b) charge; received 30 month sentence. Government appealed. Reversed due to factors such as anguish caused parents (father had warned Garate several times to leave daughter alone when he found out about the communications). 2 Internet Chat room communications & | telephone conversation, explicit sexual conversations; arranged to meet; arrested at meeting place. U.S. v. Patten, 397 F.3d 1100 (8 Cir. 2005) 15 month sentence and sufficiency of evidence challenged on appeal. Affirmed. 31 2422(b); 2423(b) at time arrested he was 20 & girl was 14; Consummated 2422(b); 2423(b) Not Consummated Showed up for meeting EFTA00079444

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2422(b); 2423(b): 2253 (criminal forfeiture) Internet chat room conversations with “14 year-old”; arranged to meet for sex; arrested at airport. Pled guilty to 2422(b) in exchange for government dropping 2423(b) & criminal forfeiture charges; had pled guilty to attempted aggravated criminal sodomy of a 13 year-old he had met in a chat room but had not yet been sentenced; trial court declined to apply enhancement based on state court case because sentencing had not occurred yet, enhancement would have resulted in 168-210 month sentence; defendant received 72 month sentence; government appealed. Appellate court vacated sentence and remanded for resentencing. U.S. v. Leach, 2007 U.S. App. LEXIS 14832 (8" Cir. 2007) Not Consummated Showed up for meeting 32 TTT LTTE

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2251(a) & (c); defendant had photographed him in 2252(a)(2) & (b)(1); sexually explicit poses and had shown him photos of other children; police got a 2252(a)(4)(B); warrant & discovered 3 computers with | 2422(b) child pornography unrelated to the offense investigation. U.S. v. Gleich, 397 F.3d 608 (8" Cir. . Consummated on pom Pled guilty to 2252(a)(2); sentence was charges - no info on enhanced under “pattern of activity 2422(b) involving sexual abuse”; defendant contested introduction of evidence & use of enhancement. Appellate court denied motion to suppress but vacated sentence because no “pattern” (transmitting photo of buttocks of child over the Internet was not separate sexual abuse). EFTA00079446

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earetiase SVs . 2422(b); 2423(b) Internet chat room; explicit sexual conversations for 4 hours; exchanged Photos; defendant arranged to meet for Sex with “14 year-old”, 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. Internet Sting 2007 U.S. App. LEXIS 12110 (9" Cir. 2007) Not Consummated Showed up for meeting U.S. v. Meek, 366 F.3d 705 (9" Cir. 2004) Internet chat room contact of 14 yr-old male; had sex with 14 yr-old & posted naked photos of boy on the Internet; Police took over boy’s Internet account and were approached by defendant claiming he was stil] 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 meet for sex & arrested when he did. Pled guilty to 2422(b) and challenged legality of search of his computer & alleged no violation because no “actual” minor. Conviction affirmed. 2422(b); 2423(b) Not Consummated Showed up for meeting 34 EFTA00079447

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No information available but case implicates that Internet was involved; defendant pled guilty to 2422(b) & 2423(b) and stipulated that he had sent photos of himself masturbating to someone he believed to be a minor; challenged introduction of the photos as Prejudicial. Affirmed. Aner, Unpublished 72 Fed. Appx. 665 (9" Cir, 2003) Information Internet chat room; initiated 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 room and chatted with other teenage girls. Claimed entrapment. Conviction affirmed, . Unpublished | No No information available. Information Anders Brief appeal of sentence of 60 months; denied. U.S. v. O'Brien, Unpublished Internet 27 Fed. Appx. 882 (9" Cir. 2001) US. v. Kozlowski, 2007 U.S. App. LEXIS 9489 (9" Cir, 2007) 35 242 No Information 2422(b); 2423(b) Not Consummated Showed up for meeting 2422(b); 2423(b) No Information EFTA00079448

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wer Unpublished | Internet 2422(b); 2423(b) Defendant developed relationship over a period of several months on the Internet with “13-year-old”; discussed sexually explicit activity; arranged to meet for sex; arrested when he showed up. United States v. Messano, 114 Fed. Appx. 785 (9th Cir. 2004) Not Consummated Appellate court affirmed conviction; Showed up at meeting later sentence vacated and remanded in Messano, 2005 U.S. LEXIS 19341 (9" Cir. 2005) for resentencing in keeping with Booker. Affirmed conviction in earlier case but remanded regarding resentencing because court applied sentencing guidelines as optional. U.S. v, Messano, Unpublished 2005 U.S. App. LEXIS 19341 (9" Cir. 2005); 2422(b); 2423(b); 2251(a); 2252(a)(2) 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 to engage in non- consensual explicit sex for purposes of taking photographs. Sentenced to 60 years, Conviction and sentence affirmed. Unpublished U.S. v. Tashbook, 144 Fed. Appx. 610 (9" Cir. 2005) Consummated/Force 36 ——— ———— FFTAO00/OG40

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2422(b); 2423(b) No Information No information available. Pled guilty to 2422(b) and 2423(b). Appealed 46 month sentence. Remanded for further proceedings. U.S. v. Jenkins, 163 Fed. Appx. 578 (9" Cir. 2006) 2422(b); 2423(b) No Information No information available but grounds for appeal imply Internet Sting; defendant claimed entrapment and that he did not believe he was dealing with a minor. Unpublished | No Information Conviction affirmed. Unpublished | Internet No specific facts available; defendant Sting corresponded with undercover agent. Appealed conviction claiming legal impossibility and not real minor. Conviction affirmed. Unpublished | No No information available. 210 month Information | sentence affirmed. Not for No No information available. Appeal of Publication Information | sentence. Affirmed in part, vacated in part and remanded. Unpublished | Internet Internet chat room; no specific facts Sting available. Defendant claimed entrapment. Conviction affirmed. 37 U.S. v. Ayoub, 177 Fed. Appx. 765 (9 Cir. 2006) 2422(b) U.S. v. Shahin, 179 Fed. Appx. 420 (9" Cir. 2006) Not Consummated 2422(b); 2251 (a) & (d); 2256; 2252(a)(5)(B) No Information 2422(b) No Information U.S. v. Weir, 52 Fed. Appx. 423 (9" Cir, 2002) U.S. v. Grenman, Slip Copy, 2007 WL 841093 (9" Cir, 2007) U.S. v. Strater, 2422(b); 2423(b) 150 Fed. Appx. 610 (9" Cir. 2005) Not Consummated EFTA00079450

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e 2422(b); 2423(b) U.S. v. Schnepper, Unpublished | Internet Internet chat room; evidence clear 2 161 Fed. Appx. 678 (9" Sting defendant believed he was Cir 2006) : communicating with “minor”; attempted ‘ to entice her to fly to Hawaii to have sex; | Not Consummated defendant claimed entrapment. Affirmed. US. v. Nisely, Unpublished No information available but implication | 2422(b) 172 Fed. Appx. 713 (9" is that Internet used. Cir. 2006) Defendant convicted of 2422(b); contested supervised release which prohibited use of computer, U.S. v. Curtin, Internet See 2007 U.S. App. LEXIS 12110 co" 443 F.3d 1084 (9" Cir. Sting Cir. 2007) supra. 2006) U.S. v. Anderson, Unpublished | Internet Online chat, no specific information 2007 U.S. App. LEXIS available; conviction affirmed, 11856 (9" Cir. 2007) U.S. v. Dhingra, AOL IM chats with 14 yr-old girl; sexually explicit conversations; defendant persisted in trying to arrange to meet for sex; met for sex & defendant forced 14 yr-old to have sex with him. Defendant challenged constitutionality of 2422(b). Conviction affirmed. 38 No Information 2422(b) No Information 2422(b) Consummated/Force EFTA00079451

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No specific information, other than sting, available. Defendant appealed conviction & sentence because no “actual” minor was involved. Conviction affirmed but sentence vacated because court should have used downward departure. 101 Fed. Appx. 190 (9% Cir. 2004) Internet chat room; conversations, email & telephone with “12 yr-old”; attempted to arrange to have sex from first encounter; sent Photos of child pom; email followed by letters with undercover agent pretending to be “12 yr-old’s” uncle wanting to molest her; defendant arrested when he showed up for meeting with “uncle”, Vacated as to 2252A counts due to error in jury instructions but affirmed as to 2423 & 2422(b). U.S. v. Pearl, 324 F.3d 1210 (10" Cir. 2003) 2422(b); 2423(b) Not Consummated 2252A; 2422(b); 2423 Not Consummated Showed up for meeting EFTA00079452

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Internet chat room communication with | 2422(b) “13 yr-old”; told her he wanted to have oral sex with her; asked if she would like to make a “movie” together; arranged to meet at elementary school — told her to wear something sexy; arrested at the school. Sting internet U.S. v. Munro, 394 F.3d 865 (10" Cir, 2005) Not Consummated Showed up for meeting Contested sentence enhancement for “violent” crime; court affirmed because risk in sexual abuse of minor is enough to support enhancement; PROTECT Act is constitutional. Internet chat room; private citizen had assumed profile of “16 & 12 yr-old” as a gag, received sexually explicit communications for 5 months from defendant as well as photos and sexually explicit images of defendant with other children; defendant arrested when he traveled to meet; Convicted; sentenced to 37 months & $10,000 fine; court affirmed conviction but vacated sentence because trial court erred by using downward departure of 9 levels. 40 2422(b); 2423(b); 2252(a)(1) U.S. v. Sims, 428 F.3d 945 (10" Cir, 2005) Not Consummated Showed up for meeting EFTA00079453

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Internet chat room; several online chats with undercover agent; arranged to meet but did not show; six months later online in chat room again but using different name; showed up for meeting with his 2 children in the back seat; found porno film playing on his computer and transcript of the online chat. U.S. v. Thomas, 410 F.3d 1235 (10" Cir. 2005) First trial resulted in hung jury; but later charged by superseding indictment & sentenced to 70 months imprisonment and 5 years supervision; challenged constitutionality of 2422(b) & sentencing. Affirmed. Internet chat room communications with “13 yr-old”; explicit sexual conversations; agreed to meet and arrested at meeting place. U.S. v. Davis, 165 Fed. Appx. 586 (10" Cir. 2006) Found guilty by jury; challenged that “actual” minor was necessary for 2422 violation. Appellate court denied his request for Certificate of Appealability & dismissal. 41 2422(b) Not Consummated Showed up for meeting but just drove around and attempted to leave 2422(b) Not Consummated Showed up for meeting EFTA00079454

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No information other than use of internet 2422(b); 2252A available. U.S. v. Harms, Internet 371 F.3d 1208 (10" Cir. 2004) No Information Pled guilty to 2422(b) & 2252A; sentenced to 51 months & 2 years supervision; challenged conviction based on Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (2002) finding parts of Child Protection Act unconstitutional; claimed ineffective counsel. Affirmed. U.S. v. Johnson, Internet Internet chat room; defendant met on 2422(b); 2423(b); 183 F.3d 1175 (10" Cir, leading to & communicated via Internet & 2252; 2253 1999) telephone with underage male; sent items Sting through mail; arranged to meet and had Operation sex; victim cooperated with authorities Consummated and telephoned defendant; calls monitored; computer search revealed pornographic photos of 16 or under. Defendant entered one plea agreement for 2 cases but challenged sentence enhancement- sentence 27 months & 3 years supervision & $2,875.87 restitution affirmed. EFTA00079455

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US. v. Byrne, 171 F.3d 1231 (10" Cir. 1999) Internet Internet chat room; met minor; arranged to meet for sex; had sex. Sentence of 21 months & 3 year supervision affirmed. Unpublished Internet Internet chat room; sexually explicit Sting communications; defendant already on Probation for sexual assault; when arrested he pled guilty but said he never showed up for any of the meetings he set up; just masturbated. Found guilty of attempt at bench trial and sentenced to 180 months & 3 year supervision. Internet Internet chat room communications Sting with “13 yr-old”; arranged to meet for Sexual encounter; arrested when he went to meet “underage girl”. Consummated US. v. Wales, 127 Fed. Appx. 424 (10" Cir. 2005) 2422(b); 2451(a) & (b) Not Consummated U.S. v. Brown, 126 Fed. Appx. 448 (10 Cir. 2005) 2422(b) Not Consummated Challenged introduction of Internet conversations as prejudicial. Appellate court affirmed — probative value outweighed Prejudicial; sentenced 46 months & 3 years supervision & $500 fine. Showed up for meeting 43 EFTA00079456

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U.S. v. Williams, Unpublished | Prostitution/ | Defendant was a pimp who beat and 2422(b); and 5 220 Fed. Appx. 851 (10 Force raped his prostitutes —- some as young as__| others unnamed Cir. 2007) PP ( 13 yrs-old; he threatened them and their children. Consummated/Force Pled guilty to 2422(b) so that government would dismiss 6-count indictment for one single charge. Sentenced as a career offender. Appealed his sentence. Court dismissed appeal and enforced his waiver of his right to appeal. EFTA00079457

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U.S. v. Phillips, No specific information available other 2422(b) and 2 discussion of | than the fact that the case involved a facility but pimp whose telephone conversations appears to be | with underage prostitutes and cell phone phone records were obtained 165 Fed. Appx. 677 (10" Cir. 2006) Consummated/Force/Pi mp Pled guilty to one count of 2422(b); court found facts regarding defendant’s use of violence, involvement in prostitution, exertion of undue influence on a minor, his role as a leader in a criminal enterprise and his criminal history; sentenced to 125 months; challenged Booker error in sentencing. Appellate court affirmed, error harmless because it would provide same sentence even if Sentencing Guidelines were found unconstitutional. 45 EFTA00079458

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24226) Internet chat room communications with “14 yr-old”; described graphic sexual activity; and sent sexual photo; masturbated in front of webcam; offered to teach “14 yr-old” about sex & to buy her a ticket to come meet him; arrested at meeting place. Pled guilty; court enhanced sentence because of use of computer & “victim” under 16 & down for accepting responsibility; sentenced to 108 months. Appellate court affirmed sentence because actual under age victim not -—— for ee U.S. v. Crayton, Unpublished In aa 143 Fed. Appx. 77 (10" Cir. 2005) Not Consummated Showed up for meeting EFTA00079459

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Internet chat room “I love older men”; communication followed by telephone calls to several “victims”: sent and requested sexually explicit photos over the Internet; told “victims” he wanted to have sex. Pled guilty; issue of first impression for 11" Circuit as to whether enhancement for “pattern” of abuse involving minor could be applied if no actual minor but instead undercover agent. Appellate court affirmed enhancement because pattern of activity used minor interchangeably with victim. U.S. v. Morton, 364 F.3d 1300 (11" Cir. 2004) 11" Cir, Not Consummated U.S. v. Manley, Slip Copy Internet chat room communications 2422(b); 2252A(a)(1) Slip Copy, 2007 WL Not for between father of 12 yr-old boy and & (a)(2)(A) 1379982 (11 Cir. 2007) | Publication mother of 12 yr-old girl”; several chats; expressed desire to engage in sex with “12 yr-old” daughter; told “mother” she could have sex with his 12 yr-old son; arranged to meet for sex & arrested when he showed up. Police found laptop; items for sexual activity & 401 photos of child porn — some of which depicted his son. Pled guilty to child porn. Appealed 360 months sentence. Affirmed. Not Consummated Showed up for meeting 47 EFTA00079460

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U.S. v. Evans, 476 F.3d 1176 (11" Cir. 2007) U.S. v. Strevell, 185 Fed. Appx. 841 (11 Cir. 2006) U.S. v. Roberts, 174 Fed. Appx. 475 (11" Cir. 2006) Unpublished Unpublished Foreign Travel Sting Foreign Travel Sting 48 ree wi 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 to return to work for him as a prostitute. Challenged application of federal statute to purely local activity. Court affirmed. Several telephone conversations arranging for travel to Costa Rica for sex with “14 yr-old”; paid for travel; arrested at airport. Defendant responded to ad for sex travel to Costa Rica; negotiated & paid for trip to have sex in Costa Rica with 16 yr-old but cancelled; arranged instead to meet girls in US; arrested when he showed up. 1591; 2422(b) Consummated 2422(b); 2423(b); 1591 (a); 1594(a) Not Consummated Showed up for travel 2422(b); 2594(a) Not Consummated Showed up for meeting EFTA00079461

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2422(b); 2423(c); 1591(a); 1594(a) Not Consummated? No specific information available but implication is that this is a sex tourism case. US. v. Clarke, 159 Fed. Appx. 128 (11" Cir. 2005) Alleges entrapment;Conviction affirmed. Internet chat room conversations with 3 2422(b) different “girls” — all same undercover agent— in chat room; sexually explicit discussions; arranged to meet for oral sex with one “girl” but no show: arranged to meet with another & arrested when he showed up to meet her. U.S., Clerk v. Yost, 479 F.3d 815 (11" Cir. 2007) US. v. Bolen, Unpublished | Internet 136 Fed. Appx. 325 (11 Sting Cir. 2005) Not Consummated Showed up for meeting Conviction affirmed, Internet chat room “sex with younger”; | 2422(b) conversations with “25 yr-old mother of 3 yr-old”; communications over several days; used telephone to finalize plans to meet. Not Consummated Contested conviction & 110 month sentence on grounds that 2422(b) did not apply when used intermediary to arrange for sex & did not apply to sex with fictitious infant. Conviction affirmed; sentence appeal dismissed due to waiver of right to appeal. 49 EFTA00079462

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ie & 3 U.S. v. Searcy, Internet chat room; defendant's screen 2422(b) name was “Obesseddad1 1”; informed undercover agent that he was member of father-daughter swap club; talked on telephone & arranged face-to-face meeting with agent; at meeting told agent he wanted to arrange to have sex with agent’s daughter & agent could have sex with defendant’s children; arrested at meeting. Challenged conviction & upward enhancement of his sentence for crime of violence. Affirmed. 418 F.3d 1193 (11" Cir. 2005) Not Consummated Showed up for meeting 50 a EFTA00079463

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368 F.3d 1283 (11" Cir. 2004) **U.S. v. Pipkins, et al., 378 F.3d 1281 (11° Cir. 2004) **Conspiracy 1962(d) RICO - Prostitution 51 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”. Appealed indictment because never directly communicated with minor & sentencing enhancement to 33 months & 3 yrs supervision. Affirmed. Pimps ran prostitution ring using under age girls; in total 15 pimps were arrested & 13 pled guilty. Defendants found guilty of conspiracy in violation of 1962(d); One defendant set up website for “escort service”. One defendant sentenced to 40 yrs; other to 30 yrs. Affirmed. 2422(b) Not Consummated Showed up for meeting 2422(b); 1951; 1952(a)(3); 1584; 1028 & 21 USC 859 **Conspiracy 1962(d) RICO EFTA00079464

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2422(b); 2 Internet chat room “Loving Families” where people communicate about having sex with children; undercover entered as “father of son & daughter”; defendant contacted agent & said he was bisexual looking for “loving family” & that he had had prior family relations & wanted more; explicit discussion about having sex with children; telephoned & arranged to meet; arrested when he showed up. ***US. vy, Hornaday, 392 F.3d 1306 (11" Cir. 2004) Not Consummated *** Conspiracy charge was error but it was harmless ***Conspiracy charge was harmless error Appealed guilty verdict. Appellate court rejected argument that he did not use the Internet to communicate directly with minor and held that conspiracy charge was error, albeit harmless, because did not abet undercover agent but that error too was harmless given the facts of the case. Internet chat room “I love older men”; 2422(b) defendant initiated communications with “15 yr-old”; arranged to meet to have oral & genital sex; arrested when he showed up. U.S. v. Bohannon, 476 F.3d 1246 (11" Cir. 2007) Not Consummated Appealed 120 month sentence. Showed up for meeting Affirmed. 52 EFTA00079465

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2422(b); 2241(c) Unpublished | Internet Internet chat room “preteen, baby and toddler sex”; initiated communications with “31 yr-old mother of 9 yr-old”; expressed desire to meet for sex with child; arranged to meet both “mother & daughter” for sex; arrested when he arrived. Conviction affirmed. U.S. v. Grossman, 2007 U.S. App. LEXIS 12500 (11" Cir. 2007) Not Consummated Showed up for meeting 2422(b); 2252A(a)(2)(A) No Information No information available. Convicted of 2422(b) and 2252A(a)(2)(A); appealed enhancement of his sentence for over 600 images of child porn. Affirmed, U.S. v. Watson, 179 Fed. Appx. 663 (11" Cir. 2006) Unpublished | No Information Internet chat room communications 2422(b) with “mother of 14 yr-old girl”; arranged meeting with the girl to have sex with her; arrested at meeting place. U.S. v. Houston, 177 Fed. Appx. 57 (11" Cir. 2006) Unpublished | Internet Not Consummated Contested 5 yr sentence. Affirmed, Showed up for meeting 53 ES TIT

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U.S. v. Haynes, Unpublished | Internet Internet chat room “Young Teens for 2422(b) 160 Fed. Appx. 940 (11 Sting Older Men”; 39 yr-old initiated chat with Cir. 2005) “14 yr-old”; sexually explicit details as to how he would like to “lick her from 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. Not Consummated Showed up for meeting Sentenced to 78 months. Conviction affirmed; sentence vacated & remanded because of Booker error. U.S. v. Rojas, Unpublished | Internet No specific information available but 2422(b) 145 Fed. Appx. 647 (11" Sting implication is that this was internet ’ , communication with “13 yr-old” for oral Cir. 2005) sex. Not Consummated Challenged 2422(b) constitutionality, Conviction affirmed. 54 Le EFTA00079467

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US. v. Scott, Internet Internet chat room for parents of young | 2422(b); 2423(b); children to arrange for them to have sex | 2241(c) 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 Showed up for meeting 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. 426 F.3d 1324 (11" Cir. Sting 2005) Not Consummated 55 EFTA00079468

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US. v. Blas, 48 yr-old initiated Internet 2422(b); communications with 14 yr-old; lied 2423(b) about his age at the beginning; over a period of several months defendant told 14 yr-old he was 47 yrs-old & that she was his girlfriend; told her he wanted to “make L-U-V” to her; arranged to meet for sex and did meet & have sex; defendant knew that he was HIV+ but did not tell her; 6 months later he met another 14 yr-old online; discussed sex & their relationship for hours; told her of his HIV status but said she could not catch it because of the medication he was taking; planned to visit her to have sex but he was arrested before. Pled guilty but contested sentence of 180 months & 70 months concurrent, $15,000 fine, $86 restitution & $300 special assessment. Affirmed. 360 F.3d 1268 (11 Cir. 2004) Consummated 56 eave FFTAO00O469

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Internet chat room; defendant said he was 24 yrs-old & began communication with “16 yr-old”; told her he wanted to meet to have sex but meeting never took place; few weeks later defendant again U.S. v. Orrega, 363 F.3d 1093 (11" Cir. 2004) to have oral sex; arrested at meeting place. Court vacated & remanded because downward departure not warranted.. Internet chat room communications with “13 yr-old”; sexually explicit; told her he would give her powerful orgasms with oral sex; arranged to meet for Sex; arrested at meeting place. Challenged constitutionality of 2422(b) & his sentence. Court affirmed both conviction & sentence. U.S. v. Panfil, 338 F.3d 1299 (11" Cir. 2003) Internet chat room; conversations about having sex with “13 yr-old”; arranged to meet for sex; arrested at meeting place Government appealed sentence. Vacated & remanded. U.S. v. Miranda, 348 F.3d 1322 (11" Cir. 2003) 57 2422(b) contacted “16 yr-old” & arranged to meet Not Consummated Showed up at meeting 2422(b) Not Consummated Showed up for meeting 2422(b) Not Consummated Showed up for meeting EFTA00079470

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U.S. v. Root, 296 F.3d 1222 (11" Cir. 2002) U.S. v. Burgess, Internet 175 F.3d 1261 (11" Cir. Sting 1999) by private citizen Internet chat room “I Love Older Men”; defendant engaged in explicit sexual conversation with “13 yr-old student” describing sexual acts that he wanted to perform with her & have her perform on him; arranged to meet for sex and arrested when he showed up. Conviction & sentence affirmed; no need for actual minor. Internet chat room “barely legal females”; sexually explicit conversations; arranged to meet & arrested when he showed up. Appealed conviction. Conviction reversed because court failed to give cautionary jury instruction about defendant’s failure to testify. 58 2422(b); 2423(b); 2243 Not Consummated Showed up for meeting 2422(b); 2423(b) Not Consummated Showed up for meeting EFTA00079471

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Internet chat room as part of police investigation of child porn; defendant contacted “15 yr-old girl”; for 2 months talked about sexual acts they would perform; sent photos of young children having sex and asked if she would perform those acts with him; gave his phone number & arranged to meet but could not make it. Search warrant obtained & police found child porn on his computer. U.S. v. Garrett, 190 F.3d 1220 (11" Cir. 1999) Appealed sentence because expert testified that acts depicted in photos would cause pain. Affirmed. Internet communications with “14 yr- old”; defendant attempted to persuade her to meet him in motel to engage in various sexual acts; sent 3 photos of sexually explicit conduct over Internet. Pled guilty but contested 87 month sentence because court did not group offences. Court said primary victim of porn is person depicted so 3 separate counts of porn. U.S. v. Tillmon, 195 F.3d 640 (11" Cir. 1999) 59 2422(b); 2252(a)(2); 2252(a)(1) Not Consummated 2422(b); 2252(a)(1) Not Consummated EFTA00079472

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2007 U.S. App. LEXIS 12791 (11" Cir, 2007) U.S. v. Hoss, 192 Fed. Appx. 867 (11" Cir. 2006) US. v. Thrift, 205 Fed. Appx. 816 (11" Cir. 2006) LY t Internet conversations with undercover agent; sent videos of adults having sex with 2-4 yr-olds. Interne Sting Pled guilty but appealed 151 month sentence & $15,000 fine. Affirmed. Unpublished Unpublished | No Information Unpublished | No Information No information available. Appealed 260 month sentence. Affirmed. No information available. Appealed sentencing. Court affirmed sentencing except the lifetime supervision for possession of firearm. 2422(b); 2252(a)(1) Not Consummated 2422(b); 2241(c); 2252 No Information 2422(b); 2423(b); 922(g)(1) & (2) No Information U.S. v. Sterba, 22 F. Supp. 2d 1333 (M.D. Fla. 1998) Internet chat room. No specific details available. Indictment dismissed because of prosecutorial misconduct. 60 2422(b) Not Consummated EFTA00079473

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U.S. v. McDaniel, (Villafana 19 yr-old contacted 12 yr-old & 2422(b); 470 F. Supp. 2d 1372 (S.D. case) communicated for 18 months; believed 2423(b) Fla. 2007) to be in love; traveled to meet girl who was 14 yrs-old by then and had sex; parents helped police find them at a Consummated hotel. Government introduced evidence that 2 other underage girls had had relations with defendant. Pled guilty. Court wrote opinion to explain reasons for its departure from guidelines. U.S. v. Simo, No information available. 2422(b) Slip Copy, 2007 WL Report and recommendation that guilty No Information 1655399 (S.D. Fla. 2007) plea be accepted. 61 ——— eee EFTA00079474

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U.S. v. McDarrah, 2422(b) S. Dist. LEXIS advertising young girls for sex; 2006 US. Dis . defendant responded & offered money 48269 (S.D.N.Y. 2006); : . for oral sex with 13 yr-old but did not U.S. v. McDarrah, 2007 show; later defendant contacted same LEXIS 6590 (S.D.N.Y. agent (inadvertently) pretending to be 13 2007) 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. Not Consummated Showed up at “girl’s” house U.S. v. Brand, No information available, 2422(b); 2423 2005 U.S, Dist. LEXIS No Information 634 (S.D.N.Y. 2005) 62 EFTA00079475

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No | No specific information available other than case involved mail from jail to minor step-son US. vo Ci arrasquillo, 2004 U.S. Dist. LEXIS 741 (S.D.N.Y. 2004) cell search, handwriting exemplars & expert’s report. Court held that search not testimonial once misspellings were removed but new expert required spelling errors. Private citizen pretended to be “13 yr- old”; defendant contacted and initiated sexually explicit conversations including asking if 13 yr-old would like to “love me for money”; communications turned over to police. U.S. v. Gagliardi, 2006 U.S. Dist. LEXIS 64576 (S.D.N.Y. 2006) Claimed entrapment and sought acquittal; court denied motion. 63 Motion to suppress letters obtained from was legal, exemplars from dictation were because he saw exemplars containing the 2422(b); 1470 (mail) Not Consummated 2422(b) Not Consummated EFTA00079476

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U.S. v. Kaye, 451 F. Supp. Internet 2d 775 (E.D. Va., 2006); Sting U.S. v. Kaye, 2006 U.S. by private Dist. LEXIS 54281 (E.D. organization Va. 2006) U.S. v. Holloman, Slip Copy, 2006 WL 2796641 (E.D. Va. 2006) Information 2005 U.S. Dist. LEXIS 36625 (W.D. Mo. 2005) IM communications initiated; followed by telephone calls from 54 yr-old male to “13 yr-old boy”; sexually explicit communications; arranged to meet for sex; went to meeting & filmed by Dateline. Court found that use of Internet and instant message satisfied the interstate commerce component; all elements of 2422 & 2423 satisfied. No specific information available. Defendant sought recusal because judge served as Chairman of the Attorney General’s Commission on Pornography more than 20 years earlier. Denied. Defendant alleged to have used Internet & telephone to entice a minor; traveled to engage in sex act. Defendant claimed no violation of 2422(b) & 2423 because no actual minor; court agrees and defendant's motion to dismiss is granted based on Helder. 2422(b); 2423 Not Consummated Showed up for meeting 2422(b); 2423(b) No Information 2422(b); 2423(b) Not Consummated Showed up at meeting EFTA00079477

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No information available. 2422(b) Court held that 2422(b) requires actual under age not mere “belief” by defendant that underage; defendant discharged from pre-trial release and judgment of acquittal entered.Reversed on appeal. US. v. Helder, 2005 U.S. Dist. LEXIS 38874 (W.D. Mo. 2005), reversed, U.S. v. Helder, 2006 U.S. App LEXIS 15995 (8" Cir. 2006) supra U.S. v. Spurlock, 386 F. Supp. 2d 1072 (W.D. Mo, 2005) Not Consummated 2422(b); 2423; 2253; 1470 Internet chat room “Daughters 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 meet for sex with “13, 10 & 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 no actual minor was involved; general magistrate declined to apply Helder & recommended that motion be denied. Not Consummated Showed up for meeting 65 EFTA00079478

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U.S. v. Vasquez, 241 F. Supp. 2d 34 (D. Me. 2003) see also U.S. v. Vasquez, 2003 U.S. Dist. LEXIS 2339 (D. Me. 2003) infra U.S. v. Vasquez, 2003 U.S. Dist. LEXIS 2339 (D. Me. 2003) US. v. Johnson, 2005 U.S. Dist. LEXIS 52 (N.D.N.Y. 2005) In The Matter of The Herald Company, Inc., 2006 U.S. Dist. LEXIS 11930 (N.D.N.Y. 2006) No Information 66 from 13 yr-old using Internet; arranged to meet for sex & traveled to meet; arrested at hotel —_unclear if case initially sting operation but communications were recorded. Defendant appealed detention order; court affirmed and adopted the detention order and required pre-trial detention. No information available. Motion to exclude pre-Miranda statements and evidence from bag No information available. Affirmed at 446 F.3d 272 (2d Cir. 2006) No information available. Mayor charged with 2422(b) ; regarding unsealing of affidavits in support of wiretap on cellular phone. 2423 Not Consummated Showed up for meeting No Information No Information EFTA00079479

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U.S. v. Johnson, 1999 U.S. Dist. LEXIS 8819 (N.D.N.Y. 1999) Information U.S. v. Dodd, 349 F. Supp. 2d 1039 (W.D. Tex. 2004) 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 (5" Cir. 2003) and U.S. v. Jackson, 2005 U.S. Dist. LEXIS 33111 (N.D. Tex. 2005) 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, Internet chat room communications with “14 yr-old”; sent photos of himself with erect penis; arranged to meet for Sex; arrested at meeting. Motion to suppress search warrants denied. No specific information available other than use of Internet to lure minor boys for oral sex. Magistrate judge recommended vacating sentence of 180 months because trial court applied enhancement for criminal sexual abuse as defined in 2241 & 2242 because prisoner’s crime did not fall into the definition. 2422(b) See U.S. v. Johnson, 446 F.3d 272 (2d Cir. 2006) 2422(b) Not Consummated Showed up for meeting 2422(b); 2252(a)(4)(B); 2253 Not Consummated EFTA00079480

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U.S. v. Jackson, 2002 U.S. LEXIS 539 (N.D. Tex. 2002) 2004 U.S. Dist. LEXIS 27162 (N.D. Ill. 2004) US. v. Echt, 2001 U.S. Dist. LEXIS 25970 (N.D. Ill. 2001) 68 Defendant placed an ad on an Internet site looking for boy to have oral sex; continued graphic conversations with “boy” for months describing sexual acts he would perform; sent pom; arranged to meet “13 yr-old boy” for sex but did not show; continued communications & arranged to meet for sex at mall, telephone confirmation; arrested when he went to meet the “boy”; police found child porn on computer. Not Consummated Showed up for meeting Motion to vacate denied. Communications over Internet; arranged | 2422(b); to meet & traveled to meet “15 yr-old” for sex; arrested at meeting. 2423 . . Lo . Not Consummated Defendant’s motion to dismiss denied. No information availablefacts. Defendant’s motion to dismiss on ground that “knowingly” in statute applies to age aon . Not Consummated of the victim denied. EFTA00079481

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> pss BS 4 7s n See U.S. v. Patten, 2003 U.S. Dist. LEXIS 16072 (S.E. N.D. 2003) 2422(b) Internet chat room communications with “16 yr-old”; sexually explicit conversations; arranged to meet for sex; arrested at meeting. Not Consummated Motion to dismiss denied. Showed up for meeting Unpublished | Internet Internet chat room; 29 yr-old male 2422(b) Sting entered chat room communications with “16 yr-old”; discussed different sex acts with her; asked if she would come to his_ | Not Consummated house to “fool around”; gave her his address and arranged for her to come; arrested by police who went to his house at the meeting time. Appealed his conviction on grounds that no actual minor was involved and that statute is unconstitutional. Conviction affirmed. U.S. v. Morrison, 2003 WL 24054501 (S.E.N.D. 2003) 69 EFTA00079482

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U.S. v. Jackson, Internet chats with “14 yt-old”; 2422(b) 2007 U.S. Dist. LEXIS arranged to meet for sex; drove to Not Consummated 33639 (D. Neb. 2007) meeting place with his daughter; left but police arrested him at his home. Showed up for meeting but left State charge of conspiracy of sexual * State Conspiracy charge assault dropped because no conspiracy dropped, no federal charge allowed in Nebraska with conspiracy undercover agent as conspirator * State Conspiracy Defendant filed motion in limine to Dropped* exclude cut and paste portions of Internet conversations & motion to dismiss because of pre-indictment delay. Case dismissed because of delay. Internet conversations with “minor” 2422(b) followed by telephone calls; sexually explicit conversations regarding masturbation. 2007 U.S. Dist. LEXIS 2812 (N.D. Ind. 2007) Not Consummated Defendant ordered detained without bail. 70 EFTA00079483

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U.S. v. Candiano, Defendant propositioned “13 yr-old” on | 2422(b) 2005 U.S. Dist. LEXIS Internet & telephone & arranged to : meet for sex 3 times; group member did 18206 (N.D. Ind. 2005) = not show; organization posted his chat Not Consummated room conversations on the Internet & he responded. Defendant moved to dismiss & revoke detention order; motions denied. U.S. v. Wallace, Sexually explicit Internet 2422(b) 2006 U.S. Dist. LEXIS communications with “13 yr-old”; 92609 (N.D. Ind. 2006 masturbated in front of webcam & w ) encouraged “minor”to do the same. Not Consummated For purpose of section 3156(a)(4)(B), 2422(b) charge is a crime of violence and creates a rebuttable presumption in favor of retention; defendant held without 71 EFTA00079484

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*U.S. v. Bianchi, 2006 U.S. Dist. LEXIS 90073 (E.D. Pa. 2006) * Conspiracy U.S. v. Rosenberg, 2004 U.S. Dist. LEXIS 19160 (E.D. Pa, 2004) Information 72 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 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); 2423 Consummated * Conspiracy 2423(e) 2422(b) Not Consummated Showed up for meeting EFTA00079485

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Internet chat room “Tloveoldermen2” 2422(b); 2423 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 meet for sex; arrested at the mall where they were to meet, U. 2004 U.S. Dist. LEXIS 2567 (E.D. Pa. 2004) Not Consummated Showed up for meeting Motion to suppress denied because defendant gave consent to search residence. US. v. Lester, Internet chat room; high school teacher 2422(b); 2252 corresponded with “7 grader” in chat room; followed by telephone conversations; sent 2 images of child porn over the Internet. Not Consummated Defendant motion for downward sentence departure based on diminished capacity denied. 73 EFTA00079486

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2 QP * A (| FACILITY re pres? Womtitho Llc pl a Ma a Mee es 55 yr-old man established contact with 2422(b); 2423(b) 2005 WL 1862409 (M.D. 14 yr-old on the Internet ~ through IM Pa. 2005); & emails; when their 14 yr-old daughter ; was absent from school her parents see also U.S. v. Garcia, reported her missing; police found out Slip Copy, 2007 WL that a man had called girl’s school to say 986874 (3" Cir. she would not be in that day; daughter’s 2007)(Unpublished) supra friend told police that the girl had been communicating regularly with a 55 yr- old from California on the Internet for 3- 4 months; he had given her a cellular phone; he expressed a desire to have sexual intercourse with the girl and told her he was coming to see her; defendant picked the girl up at a bus stop and had sexual intercourse with her; when girl returned home she told police what happened ***U S. v. Howard, Prostitution | No specific information other than case 2422(b); 2423; 2006 U.S. Dist. LEXIS involved interstate and underage 1956 67214 (W.D.N.C. 2006) prostitution, money laundering, crack ***Conspiracy/Pi distribution & firearms possession. No Inf ‘onspira imps ; “ue Defendant’s motion for new trial denied. nrormation *** Conspiracy/ Pimps EFTA00079487 Consummated

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Chilleme v. U.S., 2006 U.S. Dist. LEXIS 25920 (N.D. Ohio 2006) Dismissed by 2006 U.S. Dist. LEXIS 38800 U.S. v. Carter, 2006 U.S, Dist. LEXIS 22501 (E.D. Cal. 2006) Defendant believed he was communicating with mother of “12 year- 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. 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(b) only regulates conduct not speech. 2422(b); 2423 Not Consummated Showed up for meeting 2422(b) Not Consummated Showed up for meeting EFTA00079488

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U.S. v. Davidson, 2006 U.S. Dist. LEXIS 95757 (E.D. Wis. 2006) No information available but appears to showed up for meeting arranged through Internet. Constitutionality of 2423(b) upheld; neither statute requires actual minor; indictment need not specify the sexual conduct upon which it is based. U.S. v. Doyle, 2007 U.S. Dist. LEXIS 11429 (E.D. Wis. 2007) No information available but appears to have showed up for meeting arranged through Internet. 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 LEXIS 18262 (W.D. Va. young girls interested in arranging sex; arranged to have sex with girls and traveled to do 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). Numerous online chats with “mother” of | 22422(b); 2423(b); 2422(b); 2423: 2252(a)(2) & (a)(4)(B) Not Consummated 2422(b); 2423; 2252(a)(2) & (a)(4)(B) Not Consummated 2252A(a)(5)(B) & (b)(2); and 2256(8)(A) Not Consummated Showed up for meeting EFTA00079489

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U.S. v. Curtis, T Unpubtishea | No No information available. 2422(b; 2423(b); 2421; 2005 WL 3312951 (D.D.C. Information | Found guilty. Defendant's motion for 2252(a)(1); 2252(a)(1) 2005) new trial denied. & (a)(5)(B); 2256; 1512(b)(1)& (b)(2)(A) No Information U.S. v. Kufrovich, No No information available but indicated 2422(b); 2423 997 F. Supp. 246 (D. Information | use of telephone, internet and mail No Information Conn. 1997) Pre-trial motions. Charged with using telephone wires , Internet and U.S. mail. Overruled by United States v. Griffith, 284 F.3d 338, 351 (2d Cir. 2002). U.S. v. Rivera, No No information available. . 2422(b); 2423(b); 2006 U.S. Dist. LEXIS Information | Defendant’s motion for acquittal on 2251(a) and 65971 (D. Conn. 2006) charge of 2252A denied. 2252A(a)(5)(B) No Information 77 EFTA00079490

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Internet chat room 2422(b) “Tlovemucholdermen”’several explicit conversations of sadistic sexual behavior 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 to issue certificate of appealability and entered judgment for respondent. U.S. v. Sweeney, 2006 U.S. Dist. LEXIS 73025 (D. Conn. 2006) Internet Not Consummated Attempted to show up for meeting U.S. v. Powell, 1 F. Supp. 2d 1419 (N._D. Ala. 1998) No information available. 2422(b); 2423(b) Motion to dismiss indictment denied. Not Consummated Internet chat during which defendant 2422(b) told “minor” they would be going toa motel for sexual activity & he would bring digital camera to take photos, 2007 U.S. Dist. LEXIS 45441 (W.D. La. 2007) Not Consummated Sentencing guideline range is set at 235- 293 months in light of enhancements. EFTA00079491

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U.S. v. Miller, Communications with undercover agent 2422(b) and — method not specified; arranged to meet | transporting child 102 F. Supp. 2d 946 (N.D. and was arrested. pomography Ill. 2000) Not Consummated State of Wisconsin v. Internet chat room; sexually explicit 2422(b) Robins, 646 N.W. 2d 287 conversations; sent photos depicting self (Wis. 2002) erect & of other minor boys masturbating; arranged to meet to have sex with “13 yr-old boy”; arrested when he went to meet. Pled guilty to 2422(b); affirmed circuit's order denying defendant’s motion to dismiss because crime of attempt does not require actual minor. Not Consummated Showed up for meeting U.S. v. Rouhselang, Met “13 yr-old” online; sexually explicit | 2422(b) 2006 U.S. Dist. LEXIS chats; admitted to having sex with 62024 (N.D. Ind. 2006) another young girl; suggested he take photos; arranged to meet for oral sex; arrested at meeting place; had camera in his possession. Defendant ordered held without bond. Not Consummated Showed up for meeting 79 EFTA00079492

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U.S. v. Fuller, 2006 U.S. Dist. LEXIS 63722 (N.D. Ind. 2006) U.S. v. Davey, 2006 U.S. Dist. LEXIS 92427 (N.D. Ind. 2006) U.S. v. Lohman, 2006 U.S. Dist. LEXIS 79073 (N.D. Ind. 2006) Defendant chatted online with “13 yr- old”; agreed to drive to “girl’s apartment” to engage in sexual activity; arrested when he showed up. Defendant held without bond. Internet chat room communications with “15 % yr-old” girl; graphic sexually explicit reference to what he would like to do with her; arranged to have sex; arrested when he showed up. Court denied government request for pre- trial detention. Series of online conversations with “13 yt-old”; arranged to meet for sex; offered to bring porn film; arrested when he showed up at meeting place. Court denied defendant’s motion to revoke detention order because 2422(b) constitutes a crime of violence which created a presumption of detainment. 2422(b) Not Consummated Showed up for meeting 2422(b) Not Consummated Showed up for meeting 2422(b) Not Consummated Showed up for meeting EFTA00079493

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2006 U.S. Dist. LEXIS 59445 (W.D.N.Y. 2006) U.S. v. Schnepper, 302 F. Supp. 2d 1170 (D. 81 Internet communications with 14 yr-old victim trying to entice her to have sex; misrepresented his age as 18 yrs-old when in actuality he was in his 40s; he met her at a mall and took her out to the woods to have sex with her; caught by mall security Challenged 81 month sentence because he had no prior convictions. Court affirmed sentence because defendant did not recognize wrongfulness of his conduct. Internet used to entice minor and transfer obscene material. Defendant ;challenged constitutionality of sentencing guidelines post Booker: court denied defendant's motion to impose sentence without reference to sentencing guidelines. 2422(b); 2423(b) {miscited in case as 4243(b)]} Consummated/Force? 1470; 2422(b) No Information EFTA00079494

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U.S. v. Luxford, Slip Copy No Slip Copy, 2007 WL Information 1729589 (S.D. Miss. 2007) U.S. v. Townsend, Slip Copy No No information available. Information | Order accepting Magistrates report and recommendation to accept defendant’s guilty plea. Slip Copy, 2007 WL No information available. Motion to transfer is denied. 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 1320495 (N.D. Iowa 2007) U.S. v. Kelly, Although he began using computer to 2422(b); 2423(b); 2000 U.S. Dist. LEXIS solicit the victim when she was 15 yrs- 1512 (witness old government's evidence was that tampering ) 5293 (D. Kan. 2000 ( ) defendant’s purpose was to engage in consensual sex when victim turned 16. : . oo. No Information Defendant's motion to dismiss counts of 2422(b) and 2423(b) granted because consensual sex with 16 yr-old is not criminal sexual conduct defined by 109A. 82 EFTA00079495

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U.S. v. Riccardi, No specific information available other 2252(a)(4)(B); 2422(b) 258 F. Supp. 2d 1212 (D. than ; telephone calls to 3 different minor Kan. 2003) males. Defendant found guilty & filed motion for judgment of acquittal and/or new trial, which was denied. No Information U.S. v, Kimberly, Defendant met 15 yr-old on the Internet; | 2422(b) 2005 U.S. Dist. LEXIS solicited sex from her on the Internet; 27955 (E.D. Ky. 2005) _ _ to meet her for sex; met her and Consummated Pled guilty. Motion to withdraw guilty plea denied. U.S. v. Johnson, Internet Internet communications; arranged to 2252A(a)(5) (B); 445 F. Supp. 2d 1181 (D. Sting (by meet for sex and meet for sex; state 2422(b) charges dropped but federal charges made; 7 ». | Not Consummated Defendant contested “illegal state arrest”; Motion to suppress denied. Showed up for meeting 83 EFTA00079496

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U.S. v. Filipkowski, 2002 CCA LEXIS 70 (A.F. Ct. Crim. App. 2002) U.S. v. Moffeit, 2004 CCA LEXIS 55 (A.F. Ct. Crim. App. 2004) U.S. v. Honzik, 2003 CCA LEXIS 280 (A.F. Ct. Crim. App. 2003) Unpublished | Internet Sting Unpublished a Unpublished Sting by private organization 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. 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. Internet chat room “Older Men for Younger Girls” ; communicated with “13 yt-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). 10 U.S.C. 890, 892 & 934 Not Consummated Showed up for meeting 2422(b); 2252A; 10 U.S.C. 934 Not Consummated 2422(b); 2252A; 10 U.S.C. 880 & 934 Not Consummated Showed up for meeting EFTA00079497

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SRr oH aR . JJ cal U.S. v. Larson, Internet Contacted “14 yr-old” through Internet 64 M.J. 559 (AF. Ct. Sting instant message service; turned Crim. App. 2006) conversation towards sex; asked if she would meet for sex; arranged to meet for sex; arrested when he showed up. Sentence 9 years. Conviction affirmed but sentence reduced to 6 years, U.S. v. Gray, Unpublished Internet Internet chat room conversations; 2006 CCA LEXIS 130 Sting Propositioned “14 yr-old”; arranged to (A.F. Ct. Crim. App. meet for sex; arrested when he went to 2006) , her house. Conviction of indecent exposure set aside; all other convictions affirmed. U.S. v. Amador, Unpublished Internet Chatted with “13 yt-old” on several Sting 2422(b); U.S.C. 880, 892 & 934 Not Consummated Showed up for meeting 2422(b); 10 U.S.C. 880 & 934 Not Consummated Showed up for meeting 2422(b); 10 US.C. 920 & 934 61 M.J. 619 (AF. Ct. ti occasions; arranged to meet at mall; have Crim. App. 2005) sex; shower & go to dinner; arrested when he showed up at the mall. Not Consummated Showed up for meeting 85 EFTA00079498

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Marine Ct. Crim. App. U.S. v. Boggs, 2007 CCA LEXIS 196 (N- eds j Unpublished Unpublished M. Ct. Crim. App. 2007) U.S. v. Heisler, 2005 CCA LEXIS 131 (N- M. Ct. Crim. App. 2005); Affirmed at US. v. Heisler, 64 M.J. 82 (C.A.A.F. 2006) U.S. v. Proctor, 2007 CCA LEXIS 187 (N- M. Ct. Crim. App. 2007) Unpublished Internet Sting by private organization Internet Sting by private organization Internet chat room, email & telephone contact; sexually explicit conversations; arranged & traveled to meet for Sex; arrested at meeting place. Sentenced to 8 years, dishonorable discharge & reduction in pay grade found unreasonably severe & reduced to 3 years. Emails with several minor boys; arranged to meet “15 yr-old boy” for sex; arrested at meeting. Appellate court affirmed conviction. 19 yr-old contacted “12 yt-old” & “14 yr-old” over several months; sexually explicit conversations; arranged to meet for sex but did not show. Conviction and sentence affirmed, 2422(b), 2252A(a)(5)B); 10 U.S.C, 880 & 934 Not Consummated Showed up for meeting Article 134, UCMJ (which incorporates 18 U.S.C. 2422(b)) & 134; 10 U.S.C. 880 & 934 Not Consummated Showed up for meeting 2422(b); 10 U.S.C. 886, 891 & 934 Not Consummated EFTA00079499

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aah abt ae esate Ps U.S. v. Brooks, Internet Internet chat room; defendant initiated 2422(b) 60 M.J. 495 (C.A.AF. leading to communications with private citizen in 2005) chat room; citizen reported to police & Internet Internet Sting began; he continued Not Consummated Sting contact & arranged to meet for sex and told her to bring “8 yr-old” neighbor; , Showed up for meeting arrested in hotel where supposed to meet. Conviction affirmed. [vwk] C\Documents and Settings\las\Local Settings\Temp\X Pgrpwise\MEMFIL | 3-2422(b) Case Chart - clean.wpd 87 EFTA00079500