United States Ninth Circuit

Defendant's conviction and sentence for online enticement of a female minor to engage in sexual activity for which he could be charged with a criminal offense in violation of 18 U.S.C. section 2422(b), is affirmed, where: 1) criminal liability under the statute does not depend on whether the conduct constitutes a misdemeanor or a felony under state law; and 2) the ten-year mandatory minimum sentence under section 2422(b) is not cruel and unusual punishment in violation of the Eighth Amendment for the category of offenders who engage in attempted misdemeanor conduct under state law.

Appellate Information

• Decided 01/24/2014
• Published 01/24/2014

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel