United States Fourth Circuit

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US v. Fugit, 11-6741

Judgment of conviction for enticing or attempting to entice a minor to engage in illegal sexual activity is affirmed, where 1) defendant procedurally defaulted on his claim that the district court erred in its interpretation of the statute, 2) the default is not excused because defendant cannot demonstrate that he is "actually innocent" where interpersonal physical contact is not a requirement of the statute's "sexual activity" element and his behavior is unpersuasive of actual innocence; 3) the Court need not consider defendant's ineffective assistance arguments given the disposition of the dispute over the meaning of the statute, and 4) regardless, the ineffective assistance arguments provide no substantive grounds for relief.

Appellate Information

  • Decided 12/31/2012
  • Published 12/31/2012

Judges

  • WILKINSON

Court

  • United States Fourth Circuit

Counsel

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