Villafana, Ann Marie C. (USAFLS) From: Anderson, James C. (USAWY) Sent: Tuesday, December 18, 2007 10:22 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: 2422(b) based upon telephone contact In Wyoming we just prosecuted the following 2422(b) case "based only on a telephone: U.S. I Block, USDC-WY-@7CR@@208-B (we plea bargained the case and allowed defendant to plead to distribution of obscene material due to problems related to the victim) cree Original Message----- From: Villafana, Ann Marie C. (USAFLS) . Sent: Tuesday, December 18, 2007 7:07 AM To: USAEO-PSC-Coordinators Subject: 2422(b) based upon telephone contact Hi everyone -- Sorry to trouble you, but I have a defense attorney who is claiming that NO ONE has ever been prosecuted anywhere in the United States for a violation of 2422(b) based exclusively on the use of a telephone as the facility of interstate commerce. I know that is false because I have prosecuted two of these, but it would be really helpful if you could provide me with examples of other cases throughout the country. Thank you so much. A. Marie Villafafa Assistant U.S. Attorney 50@ S. Australian Ave, Suite 400 * West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 2232 08-80736-CV-MARRA P-014465 EFTA00189253

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Villafana, Ann Marie C. (USAFLS) From: Hurd, Marcia (USAMT) Sent: Tuesday, December 18, 2007 10:21 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: 2422(b) based upon telephone contact Hey there! I'm getting ready to charge one here, he is obviously out of touch-- coree Original Message----- From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, December 18, 2007 7:07 AM To: USAEO-PSC-Coordinators Subject: 2422(b) based upon telephone contact Hi everyone -- Sorry to trouble you, but I have a defense attorney who is claiming that NO ONE has ever been prosecuted anywhere in the United States for a violation of 2422(b) based exclusively on the use of a telephone as the facility of interstate commerce. I know that is false because I have prosecuted two of these, but it would be really helpful if you could provide me with examples of other cases throughout the country. Thank you so much. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 2233 08-80736-CV-MARRA P-014466 EFTA00189254

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Villafana, Ann Marie C. (USAFLS) From: Levy, Mike (USAPAE) Sent: Tuesday, December 18, 2007 9:54 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: 2422(b) based upon telephone contact Attachments: Second Superseding Indictment. wpd Look at counts 11 and 12. Defendant was convicted. -e--- Original Message----- From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, December 18, 2007 9:07 AM To: USAEO-PSC-Coordinators Subject: 2422(b) based upon telephone contact Hi everyone -- Sorry to trouble you, but I have a defense attorney who is claiming that NO ONE has ever been prosecuted anywhere in the United States for a violation of 2422(b) based exclusively on the use of a telephone as the facility of interstate commerce. I know that is false because I have prosecuted two of these, but it would be really helpful if you could provide me with examples of other cases throughout the country. Thank you so much, A. Marie Villafaiia Assistant U.S. Attorney 50@ S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 2235 08-80736-CV-MARRA P-014467 EFTA00189255

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Villafana, Ann Marie C. (USAFLS) From: Martin, Kim (USAKS) 2 Sent: Tuesday, December 18, 2007 9:51 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: 2422(b) based upon telephone contact Hi Ann Marie, I Charged thms a few years back. It is a published case in the 10th Cir. United States I Riccardi. I hope that is helpful. Let me know if you need any additional information! ! coors Original Message----- * From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, December 18, 2007 8:07 AM To: USAEO-PSC-Coordinators Subject: 2422(b) based upon telephone contact Hi everyone -- Sorry to trouble you, but I have a defense attorney who is claiming that NO ONE has ever been prosecuted anywhere in the United States for a violation of 2422(b) based exclusively on the use of a telephone as the facility of interstate commerce. I know that is false because I have prosecuted two of these, but it would be really helpful if you could provide me with examples of other cases throughout the country. Thank you so much. A. Marie Villafafa Assistant U.S. Attorney 50@ S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 2237 08-80736-CV-MARRA P-014468 EFTA00189256