United States Eleventh Circuit

Defendant's conviction and sentence for knowingly crossing "a State line" with intent to engage in a sexual act with a person under the age of twelve is affirmed where: 1) the First Amendment did not protect his sexually explicit conversations with an undercover officer who pretended to be offering her daughter for sex; 2) defendant's conviction turned on the criminal intent with which he acted, not on the existence of an actual child; 3) even if the FBI did trick defendant into thinking their investigation was about terrorism, there was no evidence they made any promise that questioning would be limited to that subject, or gave him any assurance that statements relating to other crimes would not be used against him; and 4) there was evidence sufficient for a reasonable factfinder to find guilt beyond a reasonable doubt. However, defendant's sentence is vacated where the thirty-year statutory mandatory minimum sentence imposed on defendant was not constitutionally disproportionate.

Appellate Information

• Decided 06/03/2010
• Published 06/03/2010

Judges

• CARNES, Circuit Judge:, Before CARNES, HULL and ANDERSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel