United States Eighth Circuit

Defendant's conviction and sentence for attempting to entice a minor to engage in sexual activity are affirmed where: 1) the evidence supported defendant's jury conviction for attempted enticement of a minor as a reasonable jury could find defendant guilty beyond a reasonable doubt; 2) a defendant cannot abandon an attempt once it has been completed; 3) even had defendant established that the government induced his criminal conduct, defendant was predisposed to commit the crime; and 4) because defendant told the fictitious victim that he was not married, although in reality, he had a wife and three children, a two-level enhancement for misrepresentation of identity was appropriate.

Appellate Information

• Decided 07/19/2010
• Published 07/19/2010

Judges

• Bobby Shepherd

Court

• United States Eighth Circuit

Counsel