United States Second Circuit

Conviction of traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with an individual that defendant believed to be a thirteen-year-old girl and for using a computer, the Internet, and a telephone in attempting to persuade, induce, and entice an individual who has not attained the age of 18 to engage in illicit sexual activity, is affirmed over claims that: 1) the government induced defendant to commit the crimes for which he was charged and convicted in order to entrap him; 2) the district court erred in admitting images of child pornography, found on his computer, as evidence of his intent to commit the crimes or his predisposition to do so; 3) the government's proof regarding enticement was insufficient; and 4) several aspects of the jury instructions were erroneous.

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

• WESLEY, Circuit Judge., Before MINER, WESLEY, and FRIEDMAN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Colleen P. Cassidy, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Appellant.


• For Appellees:
  
• Alexander H. Southwell, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief;  Marshall Camp, Assistant United States Attorney, and Kevin R. Puvalowski, Assistant United States Attorney, of counsel), New York, NY, for Appellee.