United States Eighth Circuit

Conviction for knowingly attempting to transfer obscene material to a person under the age of sixteen and knowingly attempting to induce a child to engage in criminal sexual activities is affirmed where: 1) the district court did not err in finding that defendant was not entrapped as a matter of law, as a reasonable jury could have concluded that even if induced defendant was predisposed to violate the law; 2) there was sufficient evidence to support defendant's conviction for enticing a minor to engage in criminal sexual activity, as a reasonable jury could have found he knew he was in a romance chat room and believed he was communicating with a fourteen-year-old girl, and thus intended to entice a minor to engage in illegal sex; and 3) the court did not err in admitting transcript of internet chats.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Patrick J. McLain, argued, Dallas TX, for appellant.


• For Appellees:
  
• Michael S. Gordon, argued, Marsha S. Wardlaw, Clevenger, AUSA, on the brief, Little Rock, AR, for appellee.