## Facts

- A 33-year-old man used Yahoo! Instant Messenger to contact a user who said she was “Emily,” a 14-year-old girl; “Emily” was an undercover officer.
- Over multiple chats and emails, he escalated communications to sexually explicit discussions and continued “grooming” conduct.
- He misrepresented personal details, including claiming an engineering job and concealing that he was a married band director.
- He and “Emily” agreed to meet at a motel for sex at a specified time and location, with arrangements to recognize her by clothing.
- He drove to the motel, attempted to check in, then went to an ATM to obtain cash after a payment problem; he canceled the room reservation after discovering insufficient funds.
- He remained in the area, drove around looking for the girl matching the described clothing, and was arrested.
- Officers found a condom, a note addressed to “Emily,” and bubble bath.
- At trial, he denied intent to have sex and claimed he only intended to ensure “Emily” was safe; the district court refused requested jury instructions on abandonment and entrapment.
- A jury convicted him of attempted enticement of a minor under 18 U.S.C. § 2422(b), and he received 160 months’ imprisonment and supervised release; the sentence included enhancements for identity misrepresentation and obstruction of justice.

## Issues

1. Whether the evidence was sufficient to prove attempted enticement of a minor under 18 U.S.C. § 2422(b), including intent and a substantial step, given the defendant’s claim of abandonment and lack of intent.
2. Whether the district court erred in refusing to instruct the jury on abandonment.
3. Whether the district court erred in refusing to instruct the jury on entrapment.
4. Whether the district court properly applied Sentencing Guidelines enhancements for misrepresentation of identity (U.S.S.G. § 2G1.3(b)(2)(A)) and obstruction of justice (U.S.S.G. § 3C1.1).

## Decision

- The Eighth Circuit affirmed the conviction and sentence.
- The court held the evidence supported intent to entice a minor and substantial steps toward that goal, including explicit communications, arranging a meeting for sex, traveling to the motel, and attempting to locate the purported minor.
- The court upheld denial of an abandonment instruction because any claimed cessation was not voluntary and complete; it was driven by inability to pay and was inconsistent with continued efforts to meet.
- The court upheld denial of an entrapment instruction because the record did not show improper government inducement and showed predisposition through proactive, sustained pursuit of the encounter.
- The court affirmed the identity-misrepresentation enhancement because false statements about personal identity characteristics were used to facilitate persuasion/enticement.
- The court affirmed the obstruction enhancement based on the district court’s finding of willfully false, material trial testimony.

## Legal Principles

- Attempted enticement under 18 U.S.C. § 2422(b) requires proof of intent to persuade/induce/entice a minor to engage in unlawful sexual activity and a substantial step toward that enticement; completion and an actual minor are not required.
- Substantial steps may include grooming communications, arranging a specific meeting for sex, traveling to the agreed location, and possessing items consistent with the planned encounter.
- Abandonment (renunciation) requires voluntary and complete withdrawal; stopping due to external obstacles or continuing efforts to complete the plan defeats the defense and may not justify a jury instruction.
- Entrapment requires government inducement and lack of predisposition; routine undercover posing as a minor, without pressure or coercion, generally does not establish inducement, and proactive pursuit supports predisposition.
- U.S.S.G. § 2G1.3(b)(2)(A) applies when a defendant misrepresents identity to persuade/induce/entice a minor or facilitate travel for prohibited sexual conduct.
- U.S.S.G. § 3C1.1 may apply when a defendant willfully provides materially false testimony; appellate courts typically defer to the district court’s factual and credibility findings supporting perjury.

## Conclusion

The Eighth Circuit concluded that the defendant’s explicit online grooming, concrete arrangements to meet for sex, travel to the meeting site, and continued efforts to locate the purported minor constituted a substantial step under § 2422(b), and it affirmed the denial of abandonment and entrapment instructions as well as sentencing enhancements for identity misrepresentation and obstruction of justice.


United States v. Young, 613 F.3d 735 (8th Cir. 2010)