Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, July 26, 2007 8:49 AM To: Menthe', Matthew (USAFLS) Cc: Lourie, Andrew (USAFLS) Subject: Epstein Hi Matt - I had hoped to have a revised indictment for our discussion today but Mr. Black's motion has demanded my immediate attention. However, in advance of our meeting this afternoon, I wanted to let you know my thoughts about some of the recommended changes that we had discussed the last time I was in Miami: I. I will remove all but three of the travel counts. I will include in the indictment package demonstrative charts for the three counts that I would like to proceed on. The charts show the telephone traffic surrounding the travel dates. 2. I will remove a large number of overt acts and "beef up" those that remain with additional facts. 3. I would like to keep the Section 2421 count, but, since we consider to be the least culpable of the defendants, we will contact her prior to indictment and try to work out a pre-indictment plea that will avoid having to name her as a defendant in the indictment. 4. I will remove the defendant corporations from the indictment. 5. I will add oven acts and counts related to two additional girls who have been identified and interviewed. I will sec you at 2:00. Thanks. A. Marie Villafafla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 45 Exhibit 36 EFTA00226304

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COURT CASES FACILITY . FACTS/COMMUNICATION- "4 CHARDe US.. Heisler, 2005 CCA LEXIS 131 (—M. Ct. Crim. App. 2005); Affirmed at U.S. I Heisler, 64 M.J. 82 (C.A.A.F. 2006) Unpublished nternet Emails with several minor boys; arranged to meet "15 yr-old boy" for sex; arrested at meeting. Appellate court affirmed conviction. Article 134, UCMJ (which incorporates 18 U.S.C. 2422(b)) & 134; 10 U.S.C. 880 & 934 Not Consummated Showed up for meeting Sting U.S. I Proctor, 2007 CCA LEXIS 187 (—M. Ct. Crim. App. 2007) Unpublished nternet 19 yr-old contacted "12 yr-old" & "14 yr-old" over several months; sexually explicit conversations; arranged to meet for sex but did not show. Conviction and sentence affirmed. 2422(b); 10 U.S.C. 886, 891 & 934 Not Consummated tin by private organization C.A.A.F. U.S. I Brooks, 60 M.J. 495 (C.A.A.F. 2005) Internet leading to Internet Internet chat room; defendant initiated communications with private citizen in chat room; citizen reported to police & Internet Sting began; he continued contact & arranged to meet for sex and told her to bring "8 yr-old" neighbor; arrested in hotel where supposed to meet. Conviction affirmed. 2422(b) Not Consummated Showed up for meeting Sting 90 EFTA00226306

COURT CASES ' . FACILITY .. , FACTS/COMMUNICATION CHARGE U.S. v. Gray, 2006 CCA LEXIS 130 (A.F. Ct. Crim. App., 2006) Unpublished Internet Internet chat room conversations; propositioned "14„yr-old"; arranged to meet for sex; arrested when he went to her house. Conviction of indecent exposure set aside; all other convictions affirmed. 2422(b); 10 U.S.C. 880 & 934 Not Consummated Showed up for meeting atin U.S. I Amador, 61 M.J. 619 (A.F. Ct. Crim. App. 2005) Unpublished Internet Chatted with "13 yr-old" on several occasions; arranged to meet at mall; have sex; shower & go to dinner; arrested when he showed up at the mall. 2422(b); 10 U.S.C. 920 & 934 Not Consummated Showed up for meeting Sting Navy- Marine Ct. Crim, App. U.S. I Boggs, 2007 CCA LEXIS 196 (—M. Ct. Crim. App. 2007) Unpublished Internet Internet chat room, email & telephone contact; sexually explicit conversations; arranged & traveled to meet for sex; arrested at meeting place. Sentenced to 8 years, dishonorable discharge & reduction in pay grade found unreasonably severe & reduced to 3 years. 2422(b); 2252A(a)(5)B); 10 U.S.C. 880 & 934 Not Consummated Showed up for meeting Sting by private organization 89 EFTA00226307

COURT CASES' . .. FACILITY :FACTS/COMMUNICATION CHARGE U.S. I Honzik, 2003 CCA LEXIS 280 Unpublished nternet Internet chat room "Older Men for Younger Girls"; communicated with "13 2422(b); 2252A; Sting (A.F. Ct. Crim. App. 2003) by private yr-old"; sexually explicit as to what he 880 934 organization would like to do to her; asked her to shave pubic area & arranged to meet for sex; sent info about hotel reservations & telephone number; suggested that she perform oral sex on him; drove to meet her arrested when he showed up 10 U.S.C. & Not Consummated Showed up for meeting Sentenced to 8 years, dishonorable discharge. Court affirmed conviction but reduced sentence to 7 years. U.S. I Larson, 64 M.J. 559 (A.F. Ct. Internet Contacted "14 yr-old" through Internet instant message service; turned 2422(b); 10 U.S.C. 880, 892 & Sting Crim. App. 2006) conversation towards sex; asked if she would meet for sex; arranged to meet for sex; arrested when he showed up. , 34 Sentence 9 years. Conviction affirmed but sentence reduced to 6 years. Not Consummated Showed up for meeting 88 EFTA00226308

COURT • CASES FACILITY FACTS/COMMUNICATION CHARGE A.F. Ct. Crim. App. U.S. I Filipkowsk, 2002 CCA LEXIS 70 (A.F. Ct. Crim. App. 2002) Unpublished Internet Internet chat room "M4M"; with "15 yr-old male"; sexually charged conversations; arranged to meet; arrested at mall when he showed up. Appellate court affirmed conviction & 2 year sentence. 2422(b); 10 U.S.C. 890, 892 & 934 Not Consummated Showed up for meeting Stir conversations U.S. I. Moffeit, 2004 CCA LEXIS 55 (A.F. Ct. Crim. App. 2004) Unpublished Internet Defendant set up website seeking girls 13-20 yrs-old for pagan rituals; pornographic images retrieved from his disks. Sentenced 45 months, dishonorable discharge, total forfeiture of pay. Conviction & sentence affirmed. 2422(b); 2252A; 10 U.S.C. 934 Not Consummated 87 EFTA00226309

. COURT • . CASES +'' ,. • • • rFACILITY; xeNearstco icknoN . , . .. CHARGE.iS ..• E.D. Ky. U.S. I Kimberly, 2005 U.S. Dist. LEXIS 27955 (E.D. Ky. 2005) Internet Defendant met 15 yr-old on the Internet; solicited sex from her on the Internet; arranged to meet her for sex; met her and had sex. Pled guilty. Motion to withdraw guilty plea denied. 2422(b) Consummated D. Nev. U.S. I Johnson, 445 F. Supp. 2d 1181 (D. Nev. 2006) Internet Internet communications; arranged to meet for sex and meet for sex; state charges dropped but federal charges filed. Defendant contested "illegal state arrest"; Motion to suppress denied. 2252A(a)(5) (B); 2422(b) Not Consummated Showed up for meeting Stine (by state) D. Kan. US.I Riccardi, 258 F. Supp. 2d 1212 (D. Kan 2003) Internet & telephone Approached 3 different minor males; asked them to go to the woods to spank themselves while he listened on the phone; one minor complied. Police found porn at the defendant's house in a "form for distribution through the internee". Defendant found guilty & filed motion for judgment of acquittal and/or new trial, which was denied. 2252(a)(4)(B); 2422(b) 86 EFTA00226310

bMISIVIMIC FACILITY FACTS/COMMUNICATION Illki sCRARGE , -.• , COURT D. Kan. U.S. I Kelly, 2000 U.S. Dist. LEXIS 5293 (D. Kan. 2000) Internet Although he began using computer to solicit the victim when she was 15 yrs- old government's evidence was that defendant's purpose was to engage in consensual sex when victim turned 16. Defendant's motion to dismiss counts of 2422(b) and 2423(b) granted because consensual sex with 16 yr-old is not criminal sexual conduct defined by 109A. 2422(b); 2423(b); 1512 (witness tamPern8 ) No Information DC U.S. I Curtis, 2005 WL 3312951 (D.D.C. 2005) Unpublished No Information No information available. Indictment not accessible; no media information. Found guilty. Defendant's motion for new trial denied. 2422(b); 2423(b); 2421; 2252(a)(1); 2252(a)(I)& (a)(5)(B); 2256; 1512(b)(1)& (bX2)(A) No Information 85 EFTA00226311

COURT CASES '. FACILITY FACTS/COMMUNICATION . i• -CHARGE W.D.N.Y. U.S. I Friedman, 2006 U.S. Dist. LEXIS 59445 (W.D.N.Y. 2006) Internet Internet communications with 14 yr-old victim trying to entice her to have sex; misrepresented his age as 18 yrs-old when in actuality he was in his 40s; he met her at a mall and took her out to the woods to have sex with her; caught by mall security Challenged 81 month sentence because he had no prior convictions. Court affirmed sentence because defendant did not recognize wrongfulness of his conduct. 2422(b); 2423(6) [miscited in case as 4243(b)] Consummated/Force? D. Haw. U.S. I Schnepper, 302 F. Supp. 2d 1170 (D. Haw. 2004) Internet Internet used to entice minor and transfer obscene material. Defendant challenged constitutionality of sentencing guidelines post Booker, court denied defendant's motion to impose sentence without reference to sentencing guidelines. 1470; 2422(b) No Information 84 EFTA00226312

COURT 'CASES : FACILITY FACTS/COMMUNICATION VELAR& c' ` U.S. I Fuller, 2006 U.S. Dist. LEXIS 63722 (N.D. Ind. 2006) Internet Defendant chatted online with "13 yr- old"; agreed to drive to "girl's apartment" to engage in sexual activity; arrested when he showed up. Defendant held without bond. 2422(b) Not Consummated Showed up for meeting Sting U.S. I Davey, 2006 U.S. Dist. LEXIS 92427 (N.D. Ind. 2006) Internet Internet chat room communications with "15 'A yr-old" girl; graphic sexually explicit reference to what he would like to do with her; arranged to have sex; arrested when he showed up. Court denied government request for pre- trial detention. 2422(b) Not Consummated Showed up for meeting Sting U.S. I Lohman, 2006 U.S. Dist. LEXIS 79073 (N.D. Ind. 2006) Internet Series of online conversations with "13 yr-old"; arranged to meet for sex; offered to bring porn film; arrested when he showed up at meeting place. Court denied defendant's motion to revoke detention order because 2422(b) constitutes a crime of violence which created a presumption of detainment. 2422(b) Not Consummated Showed up for meeting Sting 83 EFTA00226313

COURT ' :'CASES FACILITY FACTS/COMMUNICATION 1. CHARGE W.D. Ill. U.S. v. 102 F. Supp. 2d 946 (N.D. III. 2000) Internet Communications with undercover agent - method not specified; arranged to meet and was arrested. 2422(b) and transporting child pornography Not Consummated Sting Wis. State of Wisconsin'. Robins, 646 N.W. 2d 287 (Wis. 2002) Internet Internet chat room; sexually explicit conversations; sent photos depicting self erect & of other minor boys masturbating; arranged to meet to have sex with "13 yr-old boy"; arrested when he went to meet. Pled guilty to 2422(b); affirmed Circuit's order denying defendant's motion to dismiss because crime of attempt does not require actual minor. 2422(b) Not Consummated Showed up for meeting Sting N.D. Ind. LIS I Rouliselang, 2006 U.S. Dist. LEXIS 62024 (N.D. Ind. 2006) Internet Met "13 yr-old" online; sexually explicit chats; admitted to having sex with another young girl; suggested he take photos; arranged to meet for oral sex; arrested at meeting place; had camera in his possession. Defendant ordered held without bond. 2422(b) Not Consummated Showed up for meeting Sting 82 EFTA00226314

COURT CASES-` t a . . .:.F.A.cleary FACTS/COMMUNICATION ' iaa U.S. I . 2006 U.S. Dist. LEXIS 65971 (D. Conn. 2006) Internet Defendant's motion for acquittal on charge of 2252A denied. 2422(b); 2423(b); 225I(a); 2252A(a)(5)(B) Consummated N.D. Al. U.S. I Powell, I F. Supp. 2d 1419 (N.D. Ala. 1998) Internet No information available. Motion to dismiss indictment denied. 2422(b); 2423(6) Not Consummated Sttt_gi W.D. La. U.S. I Kretser, 2007 U.S. Dist. LEXIS 45441 (W.D. La. 2007) Internet Internet chat during which defendant told "minor" they would be going to a motel for sexual activity & he would bring digital camera to take photos. Sentencing guideline range is set at 235- 293 months in light of enhancements. 2422(b) Not Consummated Sting 81 EFTA00226315

COURT - CASES'. FACILITY • FACTS/COMMUNICATION : CHARGE I). Conn. U.S. I Sweeney, 2006 U.S. Dist. LEXIS 73025 (D. Conn. 2006) Internet Internet chat room "Ilovemucholdermen"several explicit conversations of sadistic sexual behavior with "13 yr-old"; arranged to meet "minor" and arrested when left his home to do so. Pled guilty to 2422(b); challenged sentencing enhancements and claimed ineffective counsel; court denied all motions and refused to issue certificate of appealability and entered judgment for respondent. 2422(b) Not Consummated Attempted to show up for meeting Sting U.S. I Kufrovich, 997 F. Supp. 246 (D. Conn. 1997) No Information No information available but indicated use of telephone, intemet and mail. Indictment not accessible; no media information. Pre-trial motions. Charged with using telephone wires, Internet and U.S. mail. Overruled by United States ! Griffith. 284 F.3d 338, 351 (2d Cir. 2002). 2422(b); 2423 No Information 80 EFTA00226316

COURT CASES FACILITY :.FACTS/COMMUNICATION CHARGE E.D. Wis. U.S. I Davidson, 2006 U.S. Dist. LEXIS 95757 E.D. ( Wis. 2006); U.S. I Doyle, 2007 U.S. Dist. LEXIS 11429 (E.D. Wis. 2007) Internet Defendant pretending to be a 16 yr-old gay teen approached a "15 yr-old male teen" on the Internet; engaged in sexually explicit communications; suggested introducing the "15 yr-old" to his rich friend for "first-time" male-to- male sex; arranged to meet for sex; arrested when he showed up. Evidence that he had met other young men online. Constitutionality of 2423(b) upheld; neither statute requires actual minor; indictment need not specify the sexual conduct upon which it is based. 2422(b); 2423; 2252(a)(2) & (a)(4)(B) Not Consummated Stine W.D. Va. U.S. I Jabbour, 2007 U.S. Dist. LEXIS 13659 (W.D. Va. 2007) Magistrate judge report and recommendation (adopted by 2007 U.S. Dist LEXIS18262 (W.D. Va. 2007) hieing Sting Numerous online chats with "mother" of young girls interested in arranging sex; arranged to have sex with girls and traveled to do so; computer revealed videos & photos of adult/infant, adult/minor, minor/animal sex. Magistrate recommended accepting defendant's guilty plea to 2422(b); 2252A(a)(5)(B) &(b)(2); and 2256(8)(A). 22422(b); 2423(b); 2252A(a)(5)(3) & (b)(2); 2256(8)(A) Not Consummated Showed up for meeting 79 EFTA00226317

` FACILITY FACTS/COMMUNICATION - ''. CHARGE N.D. Ohio Chil!erne' U.S., 2006 U.S. Dist. LEXIS 25920 (ND. Ohio 2006) Dismissed by 2006 U.S. Dist. LEXIS 38800 nternet Defendant believed he was communicating with mother of " 12 yr- old" and set up plans to meet for sex with both mother & daughter; traveled from Florida to Ohio to do so; arrested at meeting. Defendant pled guilty; sought habeas relief from his 60 month sentence; court will conduct evidentiary hearing. 2422(b); 2423 Not Consummated Showed up for meeting Sting E.D. Cal. U.S. I Carter, 2006 U.S. Dist. LEXIS 22501 (E.D. Cal. 2006) Internet Internet chat room "preteen parents who share"; defendant wants to have sex with daughter while mother watches; Internet email & chat room & telephone communications; arranged to meet & traveled to do so - arrested at airport. Motion to dismiss denied because no actual minor required; claims he did not believe that he was communicating with a minor irrelevant to attempt charge; Congress has power under commerce clause; rule of lenity not applicable because 2422(b) is not ambiguous ; 2422(b) only regulates conduct not speech. 2422(b) Not Consummated Showed up for meeting bgi 78 EFTA00226318

COURT CASESS. FACILITY. FACTS/CO1%2M Y UNICATION , C M.D. Pa. U.S. 1 Garcia, Unpublished Internet 55 yr-old man established contact with 2422(b); 2005 WL 1862409 (M.D. 14 yr-old on the Internet — through IM 2423(b) Pa. 2005); & emails; when their 14 yr-old daughter was absent from school her parents see also U.S. v. Garcia, reported her missing; police found out Consummated Slip Copy, 2007 WL that a man had called girl's school to say 986874 (3'd Cir. she would not be in that day; daughter's 2007)(Unpublished) supra friend told police that the girl had been communicating regularly with a 55 yr- old from California on the Internet for 3- 4 months; he had given her a cellular phone; he expressed a desire to have sexual intercourse with the girl and told her he was coming to see her; defendant picked the girl up at a bus stop and had sexual intercourse with her; when girl returned home she told police what happened W.D.N.C. ***U.S. I Howard, No No specific information other than case 2422(b); 2006 U.S. Dist. LEXIS Information involved interstate and underage 2423; 67214 (W.D.N.C. 2006) ***Conspiracy/Pimps Pimp/ Prostitution prostitution, money laundering, crack distribution & firearms possession. 1956 Defendant's motion for new trial denied. No Information ***Conspiracy/ Pimps 77 EFTA00226319

Ecru-: . FACILITY FACTS/COMMUNICATION CHARGE., U.S. I Lester, 268 F. Supp. 2d 514 (E.D. Pa. 2003) Internet Internet chat room; high school teacher corresponded with "7" grader" in chat room; followed by telephone conversations; sent 2 images of child porn over the Internet. Defendant motion for downward sentence departure based on diminished capacity denied. 2422(b); 2252 Not Consummated *U.S.I Bianchi, 2006 U.S. Dist. LEXIS 90073 (E.D. Pa. 2006) * Conspiracy Foreign travel Defendant conspired to travel to Cuba, Moldova, and Romania to have sex with minors. Foreign travel; wiretapped phone & obtained phone records. Conspiracy to engage in illicit sexual conduct in foreign places in violation of 18 U.S.0 § 2423(e). Defendant seeks Jencks Act material prior to witness testifying. 2422(b); 2423 Consummated *Conspiracy 2423(e) 76 EFTA00226320

COURT . CASES ' FACILITY FACTS/COIVIMUNICATION . . . .. .. . CIIARGWkli_ E.D. Pa. U.S. I Rosenberg, 2004 U.S. Dist. LEXIS 19160 (ED. Pa. 2004) Internet 58 yr-old computer instructor at public elementary school engaged in sexually explicit Internet communications with "13 yr-old" for over a year; 2 telephone conversations; arranged to meet but defendant did not show; arranged for another meeting 11 months later & arrested at the mall where they were supposed to meet. 2422(b) Not Consummated Showed up for meeting Sting Allowed to be released on bail because not a flight risk. U.S.' Tykarsky, 2004 U.S. Dist. LEXIS Internet Internet chat room "Iloveoldennen2" defendant initiated communications with 2422(b); 2423 Sting 2567 (E.D. Pa. 2004) "14 yr-old"; sexually explicit conversations over several sessions; told her he wanted to perform sexual acts with her & described in detail; made arrangements to meet for sex; arrested at the mall where they were to meet. Not Consummated Showed up for meeting Motion to suppress denied because defendant gave consent to search residence. 75 EFTA00226321

iC ti ,r t.43?),M tP a. J ''' _ .. . . PAc) I' 1 ; IM.7.,:.? a-1 ' .-- .. U.S. I Candiano, 2005 U.S. Dist. LEXIS 18206 (N.D. Ind. 2005) Internet Defendant propositioned "13 yr-old" on Internet & telephone & arranged to meet for sex 3 times; group member did not show; organization posted his chat room conversations on the Internet & he responded. Defendant moved to dismiss & revoke detention order; motions denied. 2422(6) Not Consummated Sting by private group U.S.' Wallace, 2006 U.S. Dist. LEXIS 92609 (N.D. Ind. 2006) Internet Sexually explicit Internet communications with "13 yr-old"; masturbated in front of webcam & encouraged "minor"to do the same. For purpose of section 3156(a)(4)(B), 2422(b) charge is a crime of violence and creates a rebuttable presumption in favor of retention; defendant held without bond. 2422(b) Not Consummated Sting 74 EFTA00226322

COURT CASES . FACILI TY . FACTS/COMMUNICATS: CHARGWRiii ., D. Neb. U.S. I Jackson, 2007 U.S. Dist. LEXIS 33639 (D. Neb. 2007) *State Conspiracy charge dropped, no federal conspiracy Internet Internet chats with "14 yr-old"; arranged to meet for sex; drove to meeting place with his daughter; left but police arrested him at his home. State charge of conspiracy of sexual assault dropped because no conspiracy charge allowed in Nebraska with undercover agent as conspirator Defendant filed motion in limine to exclude cut and paste portions of Internet conversations & motion to dismiss because of pre-indictment delay. Case dismissed because of delay. 2422(b) Not Consummated Showed up for meeting but left * State Conspiracy Dropped* Sting N.D. Iowa U.S. v. Townsend, Slip Copy, 2007 WL 1320495 (ND. Iowa 2007) Slip Copy Internet Order accepting Magistrates report and recommendation to accept defendant's guilty plea. 2422(b) No Information N.D. Ind. US.I Capozzoli, 2007 U.S. Dist. LEXIS 2812 (ND. Ind. 2007) Internet Internet conversations with "minor" followed by telephone calls; sexually explicit conversations regarding masturbation. Defendant ordered detained without bail. 2422(b) Not Consummated Sting 73 EFTA00226323

COURT .I.1.- AIIIII IPI T- _ ^FACILITY . . • . ._ ,. .......... .... .... ,- • 'FACTS/CON IIIWRINI !CATION - `CHARGE • U.S. I. Morrison, 2003 WL 24054501 (S.E.N.D. 2003) Unpublished Internet Internet chat room; 29 yr-old male entered chat room communications with "16 yr-old"; discussed different sex acts with her; asked if she would come to his house to "fool around"; gave her his address and arranged for her to come; arrested by police who went to his house at the meeting time. Appealed his conviction on grounds that no actual minor was involved and that statute is unconstitutional. Conviction affirmed. 2422(b) Not Consummated Sting S.D. Miss. U.S. I Luxford, Slip Copy, 2007 WL 1729589 (SD. Miss 2007) Slip Copy Internet Defendant met 13 yr-old online; arranged to meet at the mall; when they met the "13 yr-old had brought a friend; defendant tried to get the friend to leave but she would not; defendant continued online and cell phone communications with the 13 yr-old; arranged to meet again; had oral sex; he bought condoms and thy went to his hotel and had sex. Motion to transfer is denied. 2422(6) Consummated 72 EFTA00226324

COURT CASES FACILITY FACTS/COMMUNICATIOS • CHARGE N.D. M. U.S. I Barked, 2004 U.S. Dist. LEXIS 27162 (ND. Ill. 2004) Internet Communications over Internet; arranged to meet & traveled to meet "15 yr-old" for sex; arrested at meeting. Defendant's motion to dismiss denied. 2422(b); 2423 Not Consummated Sting U.S. I Eck, 2001 U.S. Dist. LEXIS 25970 (N.D. III. 2001) Internet Defendant's motion to dismiss on ground that "knowingly" in statute applies to age of the victim denied. 2422(b) Not Consummated Sting S.E.N.D. U.S.I Patten, 2003 U.S. Dist. LEXIS 16072 (S.E. N.D. 2003) Internet Internet chat room communications with "16 yr-old"; sexually explicit conversations; arranged to meet for sex; arrested at meeting. Motion to dismiss denied. . 2422(6) Not Consummated Showed up tbr meeting 71 EFTA00226325

I COURT 4'.12/C4-, cAlsrle — : .. . FACILITY ' FACTS/COMMUNICATION . iipt trues N.D. Tex. U.S. I Jackson, 2002 U.S. Dist. 6168/N .D. Tex. US. I Jackson, LEXIS 539 (N.D. 2002) for details and U.S.' Jackson, Fed. Appx. 658 2003) and U.S. 2005 U.S. Dist. 33111 (N.D. Tex. LEXIS 2002); see 2002 U.S. Tex. of facts; 69 5th Cir. I Jackson, LEXIS 2005) Internet No specific information available other than use of Internet to lure minor boys for oral sex. Magistrate judge recommended vacating sentence of 180 months because trial court applied enhancement for criminal sexual abuse as defined in 2241 & 2242 because prisoner's crime did not fall into the definition. 2422(b); 2252(aX4)(3); 2253 Not Consummated Sting U.S I Jackson, 2002 U.S. LEXIS 539 (N.D. Tex. 2002) Internet Defendant placed an ad on an Internet site looking for boy to have oral sex; continued graphic conversations with "boy" for months describing sexual acts he would perform; sent porn; arranged to meet "13 yr-old boy" for sex but did not show; continued communications & arranged to meet for sex at mall, telephone confirmation; arrested when he went to meet the "boy"; police found child porn on computer. Motion to vacate denied. 2422(b) Not Consummated Showed up for meeting Sting 70 EFTA00226326

- FACILITY FACTS/COMMUNICATION CHARGE U.S. I Johnson, 1999 U.S. Dist. LEXIS 8819 (N.D.N.Y. 1999) Internet Met girls (13, 16, old) and Internet sex with them. Defendant pled guilty month sentence recommendation; imposed 88 month Affirmed at U.S. 272 (2d Cir. 2006) and on under 18 yrs- chat room and had but challenged 88 court sentence I Johnson, 446 F.3d supra. See U.S.' Johnson, 2005 U.S. Dist. LEXIS 52 Consummated W.D. Tex. U.S. I Dodd, 349 F. Supp. 2d 1039 (W.D. Tex. 2004) Internet Internet chat room communications with "14 yr-old"; sent photos of himself with erect penis; arranged to meet for sex; arrested at meeting. Motion to suppress search warrants denied. 2422(b) Not Consummated Showed up for meeting Sting 69 EFTA00226327

,. rre f I :.. .- CASES -FACILITY FACTS/COMNIUNICATIOMIllt GE ,.Mr U.S. I Vasquez, 2003 U.S. Dist. LEXIS 2339 (D. Me. 2003) No Information Motion No information available. to exclude pre-Miranda statements and evidence from bag denied. See U.S., Vasquez, 2003 U.S. Dist. LEXIS 2339 (D. Me. 2003) infra N.D.N.Y. U.S. I. Johnson, . 2005 U.S. Dist LEXIS 52 (N.D.N.Y. 2005) Internet Internet chat room; 37 yr-old male met 13 yr-old; 16 yr-old and one other under 18 yrs-old and had sex with them. Affirmed at 446 F.3d 272 (2d Cir. 2006) supra. 2422(b); 2423(b); 2252(aX1) & (a)(4) Consummated In The Matter of The Herald Company, Inc., 2006 U.S. Dist. LEXIS 11930 (N.D.N.Y. 2006); underlying case U.S. Gosek, Case No. 5- 05-MJ-341 (N.D.N.Y. I 2005) Telephone Mayor solicited 14 yr-old for sex in exchange for promise of drugs; used others to arrange for sexual encounters for him in return for drugs or money. Mayor charged with 2422(b); regarding unsealing of affidavits in support of wiretap on cellular phone. 2422(6) Consummated 68 EFTA00226328

COURT CASES FACILITY FACTS/COMMUNICATIO* CHARGE U.S. I Spurlock, 386 F. Supp. 2d 1072 (W.D. Mo. 2005) Internet Internet chat room "Daughters who love daddies"; chats with "mother" of 3 kids; masturbated in front of webcam while having sexually explicit conversation with "13 yr-old daughter"; arranged to meet for sex with "13, 10 & 8 yr-old" children with their "mother" by telephone; arrested at meeting place & police found condoms, beer, DVD player & x-rated videos & duct tape. Defendant filed motion to dismiss on grounds that legally impossible because no actual minor was involved; general magistrate declined to apply Helder & recommended that motion be denied. 2422(b); 2423; 2253; 1470 Not Consummated Showed up for meeting Sting D. Me. U.& I Vasquez, 241 F. Supp. 2d 34 (D. Me. 2003) see also U.S.' Vasquez, 2003 U.S. Dist. LEXIS 2339 (D. Me. 2003) infra Internet Solicited sex from 13 yr-old using Internet; arranged to meet for sex & traveled to meet; arrested at hotel —unclear if case initially sting operation but communications were recorded. Defendant appealed detention order; court affirmed and adopted the detention order and required pre-trial detention. 2422(6); 2423 Not Consummated Showed up for meeting 67 EFTA00226329

COURT `: ' - - FACILITY FACTS/COMMUN ICATION C•, GE,..;:... W.D. Mo. U.S. I. Hicks, 2005 U.S. Dist. LEXIS 36625 (W.D. Mo. 2005) Internet Defendant alleged to have used Internet & telephone to entice a minor; traveled to engage in sex act. 2422(b); 2423(b) Not Consummated Sting Defendant claimed no violation of 2422(b) & 2423 because no actual minor, court agrees and defendant's motion to dismiss is granted based on Showed up at meeting Helder. U.S. I Helder. Internet No information available. 2422(b) 2005 U.S. Dist. LEXIS Sting Court held that 2422(b) requires actual 38874 (W.D. Mo. 2005),reversed, U.S. I Helder, 2006 U.S. App. LEXIS 15995 (8'h Cir. under age not mere "belief' by defendant that underage; defendant discharged from pre-trial release and judgment of acquittal entered. Reversed on appeal. Not Consummated 2006) supra 66 EFTA00226330

COURT CASES.* FACILITY • FACTS/COMM UNICATION ' ClIARGi `l fla t E.D. Va. U.S. I Kaye, 451 F. Supp. 2d 775 (E.D. Va., 2006); U.S. I Kaye, 2006 U.S. Dist. LEXIS 54281 (E.D. Va. 2006) Internet IM communications; followed by telephone calls from 54 yr-old male to "13 yr-old boy"; sexually explicit communications; arranged to meet for sex; went to meeting & filmed by Dateline. Court found that use of Internet and instant message satisfied the interstate commerce component; all elements of 2422 & 2423 satisfied. 2422(6); 2423 Not Consummated Showed up for meeting Sting by private organization U.S. I Holloman, Slip Copy, 2006 WL 2796641 (E.D. Va. 2006) Slip Copy No Information No information available. Indictment not scressible; no media information. Defendant sought recusal because judge served as Chairman of the Attorney General's Commission on Pornography more than 20 years earlier. Denied. 2422(6); 2423(b) No Information 65 EFTA00226331

. ., FACILITY . . 'FACTS/COMMUNICATION CMULGE.leik U.S. I Brand, 2005 U.S. Dist. LEXIS 634 (S.D.N.Y. 2005) Internet & telephone No information available. 2422(b); 2423 No Information U.S. I Carrasquillo, 2004 U.S. Dist. LEXIS 741 (S.D.N.Y. 2004) US Mail No specific information available other than case involved mail from jail to minor step-son. Motion to suppress letters obtained from cell search, handwriting exemplars & expert's report. Court held that search was legal, exemplars from dictation were not testimonial once misspellings were removed but new expert required because he saw exemplars containing the spelling errors. 2422(b); 1470 (mail) Not Consummated U.S.' , 2006 U.S. Dist. LEXIS 64576 (S.D.N.Y. 2006) Internet Private citizen pretended to be "13 yr- old"; defendant contacted and initiated sexually explicit conversations including asking if 13 yr-old would like to "love me for money"; communications turned over to police. Claimed entrapment and sought acquittal; court denied motion. 2422(b) Not Consummated Sting 64 EFTA00226332

COURT CASES FACILITY FACTS/COMMUNICATION - . CHARGE - U.S. I Silo, Slip Copy, 2007 WL 1655399 (S.D. Fla. 2007) Slip Copy Internet Internet use. Report and recommendation that guilty plea be accepted. 2422(b) No Information S.D.N.Y. U.S. I McDarrah, 2006 U.S. Dist. LEXIS 48269 (S.D.N.Y. 2006); U.S. I McDarrah, 2007 LEXIS 6590 (S.D.N.Y. 2007) Internet FBI posted an ad on Craigslist advertising young girls for sex; defendant responded & offered money for oral sex with 13 yr-old but did not show; later defendant contacted same agent (inadvertently) pretending to be 13 yr-old girl; defendant arrested outside of home where he thought "girl" lived. Challenged constitutionality of 2422(6) on its face and as applied. Appellate court ruled 2422 constitutional, but allowed defendant leave to renew his motion to suppress post-arrest statements use; this is memorandum order on preliminary evidentiary issue regarding introduction of images at trial; court found binder containing 16 images recovered from defendant's computer could be presented but not CD-ROM of over 140. 2422(b) Not Consummated Showed up at "girl's" ho use Sting 63 EFTA00226333

I i i _ '; 3/4- Ar --- _. _ t % thi It 1- ti th ' . „. 5 _city h c h. t: olot ji. r c_ in A t, • __ CHARGE U.S. I Thrift, 205 Fed. Appx. 816 (11i° Qr. 2006) Unpublished Internet Online communications with "15 yr- old"; sexually explicit conversations and discusses traveling to have sex; uses phone to arrange for meeting; arrested when he went to meet. Appealed sentencing. Court affirmed sentencing except the lifetime supervision for possession of firearm. 2422(b); 2423(b); 922(01) & (2) Not Consummated M.D. Fla. U.S. I Stain, 22 F. Supp. 2d 1333 (M.D. Ha. 1998) Internet Internet chat room. No specific details available. Indictment dismissed because of pmsecutorial misconduct. 2422(6) Not Consummated Sting S.D. Fla. U.S. I McDaniel, 470 F. Supp. 2d 1372 (S.D. Fla. 2007) (Villafana case) Internet 19 yr-old contacted 12 yr-old & communicated for 18 months; believed to be in love; traveled to meet girl who was 14 yrs-old by then and had sex; parents helped police find them at a hotel. Government introduced evidence that 2 other underage girls had had relations with defendant. Pled guilty. Court wrote opinion to explain reasons for its departure from guidelines. 2422(6); 2423(b) Consummated 62 EFTA00226334

COURT 1 "-r..i a y --' - • • — FACZITY FACTS/COMMUNICATION •-.. . .. CHARGE . . U.S. v. Rader, 2007 U.S. App. LEXIS 12'791 (11th Cir. 2007) Unpublished Internet Internet conversations with undercover agent; sent videos of adults having sex with 2 to 4 yr-olds. Pled guilty but appealed 151 month sentence & $15,000 fine. Affirmed. 2422(b); 2252(aX1) Not Consummated Sting U.S. I Watson, 179 Fed. Appx. 663 (11h Cir. 2006) Unpublished Internet 57 yr-old dentist communicated with "12 yr-old girl"; sexually explicit conversations; sent her photos of girls 1- 5 being raped to "show her" what they would be doing. Convicted of 2422(b) and 2252A(a)(2)(A); appealed enhancement of his sentence for over 600 images of child porn. Affirmed. 2422(b); 2252A(a)(2)(A) Not Consummated 5linS U.S. I floss, 192 Fed. Appx. 867 (11th Cir. 2006) Unpublished Computer No information available. Appealed 260 month sentence. Affirmed. 2422(b); 2241(c); 2252 No Information 61 EFTA00226335

COURT. : C ' •. ... . FACILITY.. :FACTS/COMMUNICATION CHARGE U.S. I Garrett, Internet Internet chat room as part of police 2422(b); 2252(a)(2); 190 F.3d 1220 (11'" Cir. 1999) Sting investigation of child porn; defendant contacted "15 yr-old girl"; for 2 months talked about sexual acts they would perform; sent photos of young children having sex and asked if she would perform those acts with him; gave his phone number & arranged to meet but could not make it. Search warrant obtained & police found child porn on his computer. 2252(a)(1) Not Consummated Appealed sentence because expert testified that acts depicted in photos would cause pain. Affirmed. U.S. I Tillmon, 195 F.3d 640 (11th Cir. 1999) Internet Internet communications with "14 yr- old"; defendant attempted to persuade her to meet him in motel to engage in various sexual acts; sent 3 photos of sexually explicit conduct over Internet. 2422(b); 2252(a)(1) Not Consummated Sting Pled guilty but contested 87 month sentence because court did not group offenses. Court said primary victim of porn is person depicted so 3 separate counts of porn. 60 EFTA00226336

c.:cnc FACILITY FACTS/COMMUNICATION • ., CHARGE. U.S. I Root, 296 F.3d 1222 (11th Or. 2002) Internet Internet chat room "I Love Older Men"; defendant engaged in explicit sexual conversation with "13 yr-old student" describing sexual acts that he wanted to perform with her & have her perform on him; arranged to meet for sex and arrested when he showed up. 2422(b); 2423(b); 2243 Not Consummated Showed up for meeting Sting Conviction & sentence affirmed; no need for actual minor. U.S. I Burgess, 175 F.3d 1261 (11'h Cir. Internet Internet chat room "barely legal females"; sexually explicit 2422(b); 2423(b) Sting 1999) by private citizen conversations; arranged to meet & arrested when he showed up. Not Consummated Appealed conviction. Conviction reversed because court failed to give cautionary jury instruction about defendant's failure to testify. Showed up for meeting 59 EFTA00226337

COURT 2*-7CASESca FACILITY.. . .. FACTS/COIVESIUNICATION , CHARGE -. . U.S. I Orrega, 363 F.3d 1093 (11th Cir. 2004) Internet Internet chat room; defendant said he was 24 yrs-old & began communication with "16 yr-old"; told her he wanted to meet to have sex but meeting never took place; few weeks later defendant again contacted "16 yr-old" & arranged to meet to have oral sex; arrested at meeting place. Court vacated & remanded because downward departure not warranted. 2422(b) Not Consummated Showed up at meeting Sting U.S. I Panfil, 338 F.3d 1299 (11th Cir. 2003) Internet Internet chat room communications with "13 yr-old"; sexually explicit; told her he would give her powerful orgasms with oral sex; arranged to meet for sex; arrested at meeting place. Challenged constitutionality of 2422(b) & his sentence. Court affirmed both conviction & sentence. 2422(b) Not Consummated Showed up for meeting Sting U.S. I Miranda, 348 F.3d 1322 (11th Cir. 2003) Internet Sting Internet chat room; conversations about having sex with "13 yr-old"; arranged to meet for sex; arrested at meeting place Government appealed sentence. Vacated & remanded. 2422(b) Not Consummated Showed up for meeting 58 EFTA00226338

COURT CASES FACILITY FACTS/COMMUNICATION . , • .. . . CHARGE . ;_ , sr. US. I. Blas, 360 F.3d 1268 (11'h Cir. 2004) Internet 48 yr-old initiated Internet communications with 14 yr-old; lied about his age at the beginning; over a period of several months defendant told 2422(b); 2423(b) 14 yr-old he was 47 yrs-old & that she was his girlfriend; told her he wanted to Consummated "make L-U- " to her; arranged to meet for sex and did meet & have sex; defendant knew that he was HIV+ but did not tell her; 6 months later he met another 14 yr-old online; discussed sex & their relationship for hours; told her of his HIV status but said she could not catch it because of the medication he was taking; planned to visit her to have sex but he was arrested before. Pled guilty but contested sentence of 180 months & 70 months concurrent, $15,000 fine, $86 restitution & $300 special assessment. Affirmed. 57 EFTA00226339

COURT CASES FACILITY FACTS/COMMUNICATION. CIIARGE.S U.S. I Rojas, 145 Fed. Appx. 647 (11th Cir. 2005) Unpublished Internet No specific information available but implication is that this was internet communication with "13 yr-old" for oral sex. 2422(b) Not Consummated Sting Challenged 2422(b) constitutionality. Conviction affirmed. U.S. I Scott, 426 F.3d 1324 (11th Cir. 2005) Internet Internet chat room for parents of young children to arrange for them to have sex with others; agent pretending to be 2422(b); 2423(b); 2241(c) Sting "father of 6 yr-old boy & 4 yr-old girl" approached by defendant interested in having sex with the children; arranged to meet & told agent he would bring "gifts" like stuffed animals to gain the children's cooperation; arrested when he showed up at meeting place. Police found stuffed animals, chains, whips, knives, restraints Not Consummated Showed up for meeting & other sexual paraphernalia in his car. Pled guilty but contested his 135 month sentence. Court affirmed sentence. 56 EFTA00226340

COURT CASES FACILITY FACTS/COMMUNICATICi. " - a iICHAItGE to U.S. I Grossman, 2007 U.S. App. LEXIS 12500 (11" Cir. 2007) Unpublished Internet Internet chat room "preteen, baby and toddler sex"; initiated communications with "31 yr-old mother of 9 yr-old"; expressed desire to meet for sex with child; arranged to meet both "mother & daughter" for sex; arrested when he arrived. Conviction affirmed. 2422(b); 2241(c) Not Consummated Showed up for meeting Sting U.S. I Houston, 177 Fed. Appx. 57 (11ih Cir. 2006) Unpublished Internet Internet chat room communications with "mother of 14 yr-old girl"; arranged meeting with the girl to have sex with her; arrested at meeting place. Contested 5 year sentence. Affirmed. 2422(b) Not Consummated Showed up for meeting Nn g U.S. I Haynes, 160 Fed. Appx. 940 (11" Cir. 2005) Unpublished Internet Internet chat room "Young Teens for Older Men"; 39 yr-old initiated chat with "14 yr-old"; sexually explicit details as to how he would like to "lick her from head to toe"; arranged to meet & suggested they have Chinese dinner & movie; arrested at meeting place; police found loaded gun; 92 rounds of ammunition; condoms & Chinese restaurant menu in his car. Sentenced to 78 months. Conviction affirmed; sentence vacated & remanded because of Booker error. 2422(b) Not Consummated Showed up for meeting Sting 55 EFTA00226341

COURT . CASES FACILITY FACTS/COMMUNICATION CHARGE ***U.S. I Hornaday, Internet Internet chat room "Loving Families" 2422(6); 392 F.3d 1306 (11th Cir. 2004) Sting where people communicate about having sex with children; undercover entered as 18 USC 2 ***Conspiracy charge was error but it was "father of son & daughter"; defendant contacted agent & said he was bisexual looking for "loving family" & that he had had prior family relations & wanted Not Consummated harmless more; explicit discussion about having sex with children; telephoned & arranged to meet; arrested when he showed up. ***Conspiracy charge was harmless error Appealed guilty verdict. Appellate court rejected argument that he did not use the Internet to communicate directly with minor and held that conspiracy charge was error, albeit harmless, because did not abet undercover agent but that error too was harmless given the facts of the case. U.S I Bohannon, 476 F.3d 1246 (11th Cir. Internet Internet chat room "I love older men"; defendant initiated communications with 2422(b) Sting 2007) "15 yr-old"; arranged to meet to have oral & genital sex; arrested when he showed up. Not Consummated Appealed 120 month sentence. Showed up for meeting Affirmed. 54 EFTA00226342

COURT • , ivrArteos, f • tr.. .FACILITY . ... .. FACTS/COTIMUNICAtION; ..., CHARd -I. U.S. I Murrell, 368 F.3d 1283 (11th Cir. 2004) Internet Internet chat rooms "family love" & "Rent F Vry Yng"; communicated with same agent who pretended to be "mother of 13 yr-old" & "father of teen girl"; defendant expressed interest in meeting 2422(b) Not Consummated Sting "mother & daughter" for sex; asked Showed up for meeting "father if he was renting a daughter; continued conversations online & via telephone with "father" and arranged to meet to have oral sex & intercourse with "daughter"; agreed to pay $300; showed up at hotel & paid the money to agent; arrested on the way to hotel room to meet "girl". Appealed indictment because never directly communicated with minor & sentencing enhancement to 33 months & 3 years supervision. Affirmed. U.S. I. Pipkins, et aL, No Pimps ran prostitution ring using under 2422(b); 1951; 378 F.3d 1281 (11th Cir. Information age girls; in total 15 pimps were arrested 1952(aX3); 1584; 1028 2004) Pimp/ & 13 pled guilty. & 21 USC 859; Prostitution Defendants found guilty of conspiracy in violation of 1962(d); One defendant set up website for "escort service". Conspiracy 1962(d) RICO One defendant sentenced to 40 yrs; other to 30 yrs. Affirmed. 53 EFTA00226343

COURT dale ' FACILITY FACTS/COMMUNICATION CHARGE"-•r. US I Searcy, Inter . et Internet chat room; defendant's screen 2422(b) 418 F.3d 1193 (11th Cir. 2005) Sting name was "Obesseddad11"; informed undercover agent that he was member of father-daughter swap club; talked on telephone & arranged face-to-face meeting with agent; at meeting told agent he wanted to arrange to have sex with agent's daughter & agent could have sex with defendant's children; arrested at meeting. Not Consummated Showed up for meeting Challenged conviction & upward enhancement of his sentence for crime of violence. Affirmed. 52 EFTA00226344

f;,- t:i• j I _. . ____. ,. _ CILITY . , . FA S7C0 tv hi C. . -7. x CT - - - . . CHARGE U.S. I Clarke, 159 Fed. Appx. 128 (11th Cir. 2005) Unpublished Foreign Travel Sting No specific information available but implication is that this is a sex tourism case. Alleges entrapment; conviction affirmed. 2422(b); 2423(c); 1591(a); I594(a) Not Consummated U.S., Clerk I Yost, 479 F.3d 815 (11th Cir. 2007) Internet Internet chat room conversations with 3 different "girls"— all same undercover agent— in chat room; sexually explicit discussions; arranged to meet for oral sex with one "girl" but no show; arranged to meet with another & arrested when he showed up to meet her. Conviction affirmed. — 2422(b) Not Consummated Showed up for meeting _ Sting - U.S. I Bolen. 136 Fed. Appx. 325 (11'" Cir. 2005) Unpublished Internet Internet chat room "sex with younger"; conversations with "25 yr-old mother of 3 yr-old"; communications over several days; used telephone to finalize plans to meet. Contested conviction & 110 month sentence on grounds that 2422(b) did not apply when used intermediary to arrange for sex & did not apply to sex with fictitious infant. Conviction affirmed; sentence appeal dismissed due to waiver of right to appeal. 2422(b) Not Consummated Sting 51 EFTA00226345

COURT :CASES. FACILITY FACTS/COMMUNICATION ;41a03[ARGE9e, U.S I Evans. 476 F.3d 1176 (11th Cir. 2007) Telephone/ Prostitution Ring 14 yr-old worked for defendant (& 2 co- defendants) as prostitute; he was pimp & arranged date for her; notified her of "dates" on her cell phone; he provided condoms manufactured overseas & imported into Ga.; she was hospitalized with AIDS; he called her from land line & induced her to return to work for him as a prostitute. Challenged application of federal statute to purely local activity. Court affirmed. 1591; 2422(b) Consummated U.S. I Sfrevell, 185 Fed. Appx. 841 (11th Cir. 2006) Unpublished Foreign Travel Sting Several telephone conversations arranging for travel to Costa Rica for sex with "14 yr-old"; paid for travel; arrested at airport. 2422(b); 2423(b); 1591(a); 1594(a) Not Consummated Showed up for travel U.S. I 174 Fed. Appx. 475 (11th Cir. 2006) Unpublished Foreign Travel Sting Defendant responded to ad for sex travel to Costa Rica; negotiated & paid for nip to have sex in Costa Rica with 16 yr-old but cancelled; arranged instead to meet girls in US; arrested when he showed up. 2422(b); 2594(a) Not Consummated Showed up for meeting 50 EFTA00226346

COURT. , -1' z sv arraiai i . 4 ... . . b 14 .,.? 1 1 di Cir. U.S. I. Morton, 364 F.3d 1300 (11th Cir. 2004) Internet Internet chat room "I love older men"; communication followed by telephone calls to several "victims"; sent and requested sexually explicit photos over the Internet; told "victims" he wanted to have sex. 2252A; 2422(b) Not Consummated Sting Pled guilty; issue of first impression for 11th Circuit as to whether enhancement for "pattern" of abuse involving minor could be applied if no actual minor but instead undercover agent. Appellate court affirmed enhancement because pattern of activity used minor interchangeably with victim. U.S.'. Manley, Slip Copy, 2007 WL Slip Copy Not for Internet Internet chat room communications between father of 12 yr-old boy and 2422(b); 2252A(a)(1) & (aX2)(A) Sting 1379982 (11th Cir. 2007) Publication "mother of 12 yr-old girl"; several chats; expressed desire to engage in sex with "12 yr-old" daughter; told "mother" she could have sex with his 12 yr-old son; arranged to meet for sex & arrested when he showed up. Police found laptop, items for sexual activity & 401 photos of child porn — some of which depicted his son. Not Consummated Showed up for meeting Pled guilty to child porn. Appealed 360 months sentence. Affirmed. 49 EFTA00226347

2 -61,O 1.4' 1 -04c Flu Fi \ ti l; I It itti,&,?(L),./r otr:l'it ir is), '‘i c:L t- ::_ v\i •, - .-4 ..-. -. • , U.S.' Williams, 220 Fed. Appx. 851 (10th Cir. 2007) Unpublished No Information Pimp/ Prostitution/ Force Defendant was a pimp who beat and raped his prostitutes — some as young as 13 yrs-old; he threatened them and their children. Pled guilty to 2422(b) so that government would dismiss 6-count indictment for one single charge. Sentenced as a career offender. Appealed his sentence. Court dismissed appeal and enforced his waiver of his right to appeal. 2422(b); and 5 others unnamed Consummated/Force U.S.' Crayton, 143 Fed. Appx. 77 (10'h Cir. 2005) Unpublished Internet Internet chat room communications with "14 yr-old"; described graphic sexual activity; and sent sexual photo; masturbated in front of webcam; offered to teach "14 yr-old" about sex & to buy her a ticket to come meet him; arrested at meeting place. Pled guilty; court enhanced sentence because of use of computer & "victim" under 16 yrs-old & down for accepting responsibility; sentenced to 108 months. Appellate court affirmed sentence because actual under age victim not required for attempt. 2422(b) Not Consummated Showed up for meeting Stint 48 EFTA00226348

: • 1 I - . FACILITY FACTS/COMMUNICATION • tti/e CHARGE -4• U.S. I Wales, 127 Fed. Appx. 424 (10th Cir. 2005) Unpublished Internet Internet chat room; sexually explicit communications; defendant already on probation for sexual assault; when arrested he pled guilty but said he never showed up for any of the meetings he set up; just masturbated. Found guilty of attempt at bench trial and sentenced to 180 months & 3 year supervision. 2422(b); 2451(a) & (b) Not Consummated Sting U.S. I Brown, 126 Fed. Appx. 448 (10th Cir. 2005) Internet Internet chat room communications with "13 yr-old"; arranged to meet for sexual encounter; arrested when he went to meet "underage girl". Challenged introduction of Internet conversations as prejudicial. Appellate court affirmed — probative value outweighed prejudicial; sentenced 46 months & 3 years supervision & $500 fine. 2422(b) Not Consummated Showed up for meeting Sting 47 EFTA00226349

COURT CASES' FACILITY -.. .FACTS/COa1UNICKITON CHARGE •; U.S. I Johnson. Internet Internet chat room; defendant met on 2422(b); 183 F.3d 1175 (10ih Cir. 1999) leading to Sting & communicated via Internet & telephone with underage male; sent items through mail; arranged to meet and had 2423(b); 2252; O • oration sex; victim cooperated with authorities and telephoned defendant; calls monitored; computer search revealed pornographic photos of 16 or under. 2253 Consummated Defendant entered one plea agreement for 2 cases but challenged sentence enhancement - sentence 27 months & 3 years supervision & $2,875.87 restitution affirmed. U.S. I Byrne, 171 F.3d 1231 (10th Cir. Internet Internet chat room; met minor; arranged to meet for sex; had sex. 2422(b); 2423(b) 1999) Sentence of 21 months & 3 year supervision affirmed. Consummated 46 EFTA00226350

r r r7 I 1 ' 7 ACILITY FACTS/C6kCIIJNICATICI • , BARGE U.S. I , 165 Fed. Appx. 586 (10th Cir. 2006) Internet Internet chat room communications with "13 yr-old"; explicit sexual conversations; agreed to meet and arrested at meeting place. 2422(b) Not Consummated Sting Found guilty by jury; challenged that "actual" minor was necessary for 2422 violation. Appellate court denied his request for Certificate of Appealability & dismissal. Showed up for meeting U.S. I Harms, 371 F.3d 1208 (10ih Cir. Internet No information available other than use of intemet. 2422(6); 2252A 2004) Pled guilty to 2422(b) & 2252A; sentenced to 51 months & 2 years supervision; challenged conviction based on Ashcroft. Free Speech Coalition, 122 S.Ct. 1389 (2002) finding parts of No Information Child Protection Act unconstitutional; claimed ineffective counsel. Affirmed. 45 EFTA00226351

. r f ' _ ' FACILITY. 'FACTS/CO UNICATIO . , ... CHARGE: U.S. I Sims, 428 F.3d 945 (10ih Cir. 2005) Internet Internet chat room; private citizen had assumed profile of "16 & 12 yr-old" as a gag; received sexually explicit communications for 5 months from defendant as well as photos and sexually explicit images of defendant with other children; defendant arrested when he traveled to meet. Convicted; sentenced to 37 months & S10,000 fine; court affirmed conviction but vacated sentence because trial court erred by using downward departure of 9 levels. 2422(b); 2423(b); 2252(a)(1) Not Consummated Showed up for meeting Sting U.S. I Thomas, 410 F.3d 1235 (RP Cir. 2005) Internet Internet chat room; several online chats with undercover agent; arranged to meet but did not show; six months later online in chat room again but using different name; showed up for meeting with his 2 children in the back seat; found porno film playing on his computer and transcript of the online chat. 2422(b) Not Consummated Showed up for meeting but just drove around and attempted to leave Sting First trial resulted in hung jury; but later charged by superseding indictment & sentenced to 70 months imprisonment and 5 years supervision; challenged constitutionality of 2422(b) & sentencing. Affirmed. 44 EFTA00226352

COURT. -- , ' • 44. ' FACILITY FACTS/COMMUNICATION ' MMUN TION ,...-. .. . . taint U.S. I Pearl, Internet Internet chat room; conversations, 2252A; 324 F.3d 1210 (10th Cir. 2003) Sting email & telephone with "12 yr-old"; attempted to arrange to have sex from first encounter, sent photos of child porn; email followed by letters with undercover agent pretending to be "12 yr-old's" uncle wanting to molest her; defendant arrested when he showed up for meeting with "uncle". 2422(b); 2423 Not Consummated Showed up for meeting Vacated as to 2252A counts due to error in jury instructions but affirmed as to 2423 & 2422(b). U.S. I Munro, 394 F.3d 865 (10' Cir. 2005) Internet Internet chat room communication with "13 yr-old"; told her he wanted to have oral sex with her; asked if she would like to make a "movie" together; arranged to meet at elementary school — told her to wear something sexy; arrested at the school. 2422(b) Not Consummated Showed up for meeting Sting Contested sentence enhancement for "violent" crime; court affirmed because risk in sexual abuse of minor is enough to support enhancement; PROTECT Act is constitutional. 43 EFTA00226353

COURT CASES; a 'FACILITY ' FACTSiCOM1VIUSGE . , 10th Cir. U.S. I. Phillips, 165 Fed. Appx. 677 (10th Cir. 2006) Unpublished Telephone Pimp/ Prostitution No specific information available other than the fact that the case involved a pimp whose telephone conversations with underage prostitutes and cell phone records were obtained. 2422(b) and 2 Consummated Force/Pimp Pled guilty to one count of 2422(b); court found facts regarding defendant's use of violence, involvement in prostitution, exertion of undue influence on a minor, his role as a leader in a criminal enterprise and his criminal history; sentenced to 125 months; challenged Booker error in sentencing. Appellate court affirmed, error harmless because it would provide same sentence even if Sentencing Guidelines were found unconstitutional. 42 EFTA00226354

- COURT CAgill FACILITY FACTS/COMMUNICATION ca • U.S. I Dhingra, 371 F.3d 557 (9th Cir. 2004) Internet AOL 1M chats with 14 yr-old girl; sexually explicit conversations; defendant persisted in trying to arrange to meet for sex; met for sex & defendant forced 14 yr-old to have sex with him. Defendant challenged constitutionality of 2422(b). Conviction affirmed. 2422(b) Consummated/Force U.S. I Vail, 101 Fed. Appx. 190 (91° Cir. 2004) Unpublished Internet No specific information available, other than sting. Defendant appealed conviction & sentence because no "actual" minor was involved. Conviction affirmed but sentence vacated because court should have used downward departure. 2422(b); 2423(b) Not Consummated Sting 41 EFTA00226355

fr,.,o) r J• l' . li; -- '• el F r t",:t ' spy W./. FACILITY . FACTS/COMMUNICATION 'O1ARGE111111 U.S. I Strater, 150 Fed. Appx. 610 (9th Cir. 2005) Unpublished Internet Internet chat room; no specific information available. Defendant claimed entrapment. Conviction affirmed. 2422(b); 2423(b) Not Consummated Sting U.S. I Schnepper, 161 Fed. Appx. 678 (9th Cir. 2006) Unpublished Internet Internet chat room; evidence clear defendant believed he was communicating with "minor"; attempted to entice her to fly to Hawaii to have sex; defendant claimed entrapment. Affirmed. 2422(b); 2423(b) Not Consummated Sting U.S.. Curtin, 443 F.3d 1084 (9i° Cir. 2006) Internet See 2007 U.S. App. LEXIS 12110 (9th Cir. 2007) supra. Sting U.S. I Anderson, 2007 U.S. App. LEXIS 11856 (9th Cir. 2007) Unpublished Internet Online Internet chat, no specific information available. Conviction affirmed. 2422(b) No Information 40 EFTA00226356

COURT CASES FACILITY FACTS/COMMUNICATION CHARGE United States' Messano, 114 Fed. Appx. 785 (9th Cir. 2004) Unpublished Internet Defendant developed relationship over a period of several months on the Internet with "13 yr-old"; discussed sexually explicit activity; arranged to meet for sex; arrested when he showed up. Appellate court affirmed conviction; later sentence vacated and remanded in Messano, 2005 U.S. LEXIS 19341 (9`11 Cir. 2005) for resentencing in keeping with Booker. 2422(b); 2423(b) Not Consummated Showed up at meeting Sting U.S.. Tashbook, 144 Fed. Appx. 610 (9'h Cir. 2005) Unpublished Internet Defendant placed ads on Internet for his "production" company; communicated with victims by email and telephone; rented a hotel room and took photos of victim; coerced victim to engage in non- consensual explicit sex for purposes of taking photographs. Sentenced to 60 years. Conviction and sentence affirmed. 2422(b); 2423(b); 2251(a); 2252(a)(2) Consummated/Force US. I Shahin, 179 Fed. Appx. 420 (9'h Cir. 2006) Unpublished Internet No specific information available; defendant corresponded with undercover agent. Appealed conviction claiming legal impossibility and not real minor. Conviction affirmed. 2422(b) Not Consummated Sting 39 EFTA00226357

.c,ci t .... r , , FACILITY FACTS/COMMUNICATIOa. CHARGE A U.S. I Meek, 366 F.3d 705 (9°' Cir. 2004) Internet Internet chat room contact of 14 yr-old male; had sex with 14 yr-old & posted naked photos of boy on the Internet; police took over boy's Internet account and were approached by defendant claiming he was still interested in 2422(b); 2423(b) Not Consummated Sting "hooking up"; continued to seek sexual encounter with "boy" over next month discussing in graphic details sexual acts he hoped to perform on the boy; arranged to meet for sex & arrested when he did. Showed up for meeting Pled guilty to 2422(b) and challenged legality of search of his computer & alleged no violation because no "actual" minor. Conviction affirmed. U.S. I O'Brien, 27 Fed. Appx. 882 (9th Cir. Unpublished Internet Internet chat room; initiated sexual conversations with minor; tried to entice 2422(b); 2423(b) Sting 2001) "girl" to visit; paid for ticket for her to visit & live with him; admitted to her that he had visited "Girls and Older Not Consummated Guys" Internet chat room and chatted with other teenage girls. Claimed entrapment. Conviction affirmed. Showed up for meeting 38 EFTA00226358

COURT • . CASES FACILITY FACTS/COMMUNICATION • . CHARGE • U.S.' Weir, 52 Fed. Appx. 423 (9th Cir. 2002) Unpublished No Information No information available. Indictment not accessible; no media information. 210 month sentence affirmed. 2422(b); 225I(a) & (d); 2256; 2252(a)(5)(B) No Information U.S. v. Grenman, Slip Copy, 2007 WL 841093 (9th Cir. 2007) Not for Publication No Information No information available. Appeal of sentence. Affirmed in part, vacated in part and remanded. 2422(b) No Information U.S.' Nisely, 172 Fed. Appx. 713 (9th Cir. 2006) Unpublished Internet No information available but implication is that Internet used. Defendant convicted of 2422(b); contested supervised release which prohibited use of computer. 2422(b) No Information U.S. I Curtin, 2007 U.S. App. LEXIS 12110 (9th Cir. 2007) Internet Internet chat room; explicit sexual conversations for 4 hours; exchanged photos; defendant arranged to meet for sex with "14 yr-old". Defendant claimed that he did not believe that he was meeting a "14 yr- old"; he contested the government's introduction of 140 stories of sexual activity by minors on his PDA to prove his intent. Affirmed. 2422(b); 2423(b) Not Consummated Showed up for meeting Sting . 37 EFTA00226359

Mgr' Fit • U.S. I. Kozlowski, 2007 U.S. App. LEXIS 9489 (9" Cir. 2007) Unpublished Internet Internet chat room; 27 yr-old engaged in sexually explicit communications with "14 yr-old"; arranged to meet for sex at his hotel. Anders Brief appeal of sentence of 60 months; denied. 2422(b); 2423(b) Not Consummated Sting U.S.'. Messano, 2005 U.S. App. LEXIS 19341 (9" Cir. 2005); Unpublished Affirmed conviction in earlier case but remanded regarding resentencing because court applied sentencing guidelines as optional. U.S. I. Jenkins, 163 Fed. Appx. 578 (9" Cir. 2006) Unpublished Internet No information available. Pled guilty to 2422(b) and 2423(b). Appealed 46 month sentence. Remanded for further proceedings. 2422(b); 2423(b); 2252(a)(4); 2253 No Information U.S. I. Ayoub, 177 Fed. Appx. 765 (9" Cir. 2006) Unpublished Internet Defendant claimed entrapment and that he did not believe he was dealing with a minor. Conviction affirmed. 2422(b); 2423(b) Not Consummated Sting 36 EFTA00226360

. COURT ,.. . CASES FACILITY FACTS/COMMUNICATION :1 .. CHAR (;:S I Gleich, 397 E3d 608 (8th Cir 2007) Internet 12 yr-old male told police that defendant had photographed him in sexually explicit poses and had shown him photos of other children; police got a warrant & discovered 3 computers with child pornography unrelated to the offense investigation. Pled guilty to 2252(a)(2); sentence was enhanced under "pattern of activity involving sexual abuse"; defendant contested introduction of evidence & use of enhancement. Appellate court denied motion to suppress but vacated sentence because no "pattern" (transmitting photo of buttocks of child over the Internet was not separate sexual abuse). 2251(a) & C); 2252(aX2) & (bX1); 2252(a)(4)(B); 2422(b) Consummated on porn charges - no info on 2422(6) 91" Cir. U.S. I Jahner, 72 Fed. Appx. 665 (9th Cir. 2003) Unpublished No Information No information available. Indictment not accessible; no media information. Defendant pled guilty to 2422(b) & 2423(6) and stipulated that he had sent photos of himself masturbating to someone he believed to be a minor, challenged introduction of the photos as prejudicial. Affirmed. 2422(6); 2423(b) No Information 35 EFTA00226361

i t r"- - - CASES . FACILITY FACTS/COMMUNICATION a CHARGE 4 U.S. I Leach, Internet Internet chat room conversations with 2422(b); 2007 U.S. App. LEXIS 14832 (8th Cir. 2007) Sting "14 yr-old"; arranged to meet for sex; arrested at airport. Pled guilty to 2422(b) in exchange for government dropping 2423(b) & criminal forfeiture charges; had pled guilty to attempted aggravated criminal sodomy of a 13 yr-old he had met in a chat room but had not yet sentenced; trial court declined to apply enhancement based on state court case because sentencing had not occurred yet, enhancement would have resulted in 2423(b); 2253 (criminal forfeiture) Not Consummated Showed up for meeting 168-210 month sentence; defendant received 72 month sentence; government appealed. Appellate court vacated sentence and remanded for resentencing. 34 EFTA00226362

.... - COURT" . CASES : - . .,. 'FACILITY • . . ..,. . .... FACTS/COMMUNICATICS, -: C ., U.S. I Garate, 482 F.3d 1013 (8ih Cir. 2007) Internet Internet chat room; met 12 yr-old in chat room; communicated via Internet & telephone; traveled to have sex and did; at time arrested he was 20 & girl was 14. Pled guilty to 2423(b) charge & government agreed to drop 2422(b) charge; received 30 month sentence. Government appealed. Reversed due to factors such as anguish caused parents (father had warned defendant several times to leave daughter alone when he found out about the communications). 2422(b); 2423(b) Consummated U.S. I Patten, 397 F.3d 1100 (8th Cir. 2005) Internet 2 Internet chat room communications & 1 telephone conversation, explicit sexual conversations; arranged to meet; arrested at meeting place. 15 month sentence and sufficiency of evidence challenged on appeal. Affirmed. 2422(6); 2423(6) Not Consummated Showed up for meeting Sting 33 EFTA00226363

1-- - - - 1 (• " i1/4,-,L, , I FACILITY FACTS/COMMUNICATIOS CHARGE U.S I Hicks, 457 F.3d 838 (8th Cir. 2006), overruled Helder,452 F.3d 751 nternct Defendant initiated Internet conversation with "13 yr-old" followed by telephone calls; stated he was interested in having vaginal intercourse with "13 yr-old" minor & was willing to travel from FL to Kansas City; arrested when he arrived at airport. Government appealed dismissal of indictment. Appellate court reversed because actual minor not required. 2422(b); 2423(b) Not Consummated Showed up for meeting Sting U.S. I D Andrea, Internet Internet chat room and telephone 2422(6); 473 F.3d 859 (81° Cir. 2007) Sting communications with "13 yr-old"; defendant made plans to travel for sex; did same with another undercover agent; many times masturbated in front of webcam; arrested at meeting place. 2252(b)(2) Not Consummated Police found nightgown, condoms, lubricant & camera, video & computer equipment; search warrant obtained for computer revealed many other similar Showed up for meeting "chats" and child pornography. Defendant challenged government enhancement for "uncharged conduct" including similar other sex chats & exchange of sexually explicit photos with 12, 17 and 14 yr-old girls Appellate court affirmed sentence enhancement. 32 EFTA00226364

COURT CASES ' . , FACILITY FACTS/COMMUNICATION • .CHARGE U.S. I Naiden, Internet Internet chat room "IluvOlderMen"; 2422(b); 424 F.3d 718 (8th Cir. 2005) Sting during chats defendant asked "14 yr-old" for photos; asked if she was a virgin and if she would come to visit him where her 2423(b) • "virginity would be over"; arranged to meet to have sex and told her they would marry in a few years; repeatedly told her that was important to keep this a secret; he sent her money for ticket; arrested when he went to pick her up at the train station. Not Consummated Showed up for meeting Challenged lower court's refusal to allow his friend to testify that he did not believe the victim was actually 14 yrs- old. Appellate court affirmed because even if it had been error not to allow testimony, which it was not, there was overwhelming evidence of his belief that she was 14 yrs-old. 31 EFTA00226365

COURT. • r - _ i icr Cf;11.. L c? • GE U.S. I Blazek, 431 F.3d 1104 (8d'Cir. 2005) nternet Internet chat room "male-to-male"; conversations for 15 months; gave detailed description of how he would give massage; graphic sexual conversations, discussed oral sex and suggested a 3-way with"15 yr-old's" friend; arranged to meet for sex; arrested at meeting. Computer search revealed child pornography. Appealed conviction & sentence claiming not actual minor and insufficient evidence. Affirmed because attempt charge does not require actual minor. 235 month sentence affirmed because enhancement applied to use of undercover "minor victim". 2422(b); 2423(b); 2252(a)(2) and (i4)(4)(b) Not Consummated Showed up for meeting Sting 30 EFTA00226366

r iluiti s - 7 \m±W ,'4 Internet ACTS/COMMUNICATI1S • ' U.S. I. Dickson, 149 Fed. Appx. 543 (8* Cir.) Unpublished Internet chat room; IM chats between 47 yr-old man and "15 yr-old"; exchanged addresses and defendant asked "15 yr-old" to meet him in a hotel parking lot near his house; defendant told her he wanted to make love to her; when "15 yr-old" stated she had no experience defendant asked if he could teach her; arrested when he went to meet her at the hotel parking lot. Appealed conviction and 60 month sentence. Affirmed. 2422(b) Not Consummated Sting U.S. I Leak, 485 F.3d 1210 (8th Cir. 2007) Internet Internet chat room; IM chats during which defendant arranged to have sex with minor; arrested when he showed up at the park. There was evidence that the defendant had previously attempted to engage in sex; online conversations with 2422(b) Not Consummated Showed up for meeting Sting 12 & 13 yr-old girls prior to the sting operation that resulted in his arrest. The government contested his release on bail for 60 days before his self-surrender. Court vacated order and remanded for issuance of a bench warrant. 29 EFTA00226367

-C `COURT - FACILITY. FACTS/COMMUNICATION - CHARGE 8tb Cir. U.S. I Rayl, 270 F.3d 709 (86 Cir. 2001) Internet Internet chat room; "Pen-pal" email contact initiated by defendant pretending to be 15 yr-old girl whose father was teaching her to have sex; arranged to meet underage victim in mall but defendant showed up instead & told victim that "15 yr-old" could not make it; took victim to hotel, threatened her with knife, forced her to take clothes off and took photos; showed her photos of other young girls; continued to send increasingly hostile emails tying to get her to have sex. Defendant appealed sufficiency of evidence, credibility of witness and also challenged government's introduction of pediatrician that photos were of under 18 yr-olds. Affirmed. 2422(6); 2252(a); 2252A(a)(I) and (a)(5)(8) Not Consummated/Force to have victim pose for naked photos 28 EFTA00226368

COURT CASES . . FACILITY • FACTS/COMMUNICATIS, ,.... . . . CHARGE , U.S. I Angle, Internet Father discovered suspicious activity on 2252(aX2); 234 F.3d 326 fr Cir. Sting son's computer and reported to the FBI; "13 2253(aX4)(B); 2000) via sting operation defendant met yr- old" boy online; told boy he loved him & would take care of him; sexually explicit conversations; offered to give boy money 2422(b) Not Consummated & gifts in exchange for his address & phone number; in another sting by FBI, defendant ordered sexually explicit materials involving minors & advised to hold delivery because he was going to Mexico for 8 days "to play with the boys"; arrested when he came back from Mexico. Appealed his sentence and conviction; sentenced to 325 months for 2252 and 120 months for 2422(b) & registration as sex offender; court affirmed but remanded for sentencing because he did not have notice regarding sex offender registration. 27 EFTA00226369

COURT N: . a l, •"' , ‘...' • ... 7. FACILITY FACTS/COMMUNICATION CHARGE U.S. I Shutic, Internet Internet chat room "Male for Barely 2422(b); 274 F.3d 1123 (7°' Cir. 2001) Sting Legal Female"; initiated conversation with "14 yr-old"; over 6 month period sent over 51 images of people engaged in sexual intercourse & discussed plans to meet to engage in intercourse; defendant flew from his home in OH to IN but returned home when he saw unmarked police cars; defendant attempted to meet 2243(a); 2252A(a)(1) Not Consummated Showed up for meeting "14 yr-old" again but was arrested when he showed up; defendant had also made contact with another "minor" and had scheduled meeting for sex. Pled guilty but challenged his sentence based on court's refusal to group counts of child pornography claiming they involved the same primary victim — society. Affirmed. 26 EFTA00226370

COURT CASES . FACILITY . FACTS/COMMUNICATION CHARGE U.S. I Lovaas, Internet Email messages with "14 yr-old" boy 2422(b); 241 F.3d 900 (7th Cir. 2001) ptag asked for photos and sent photos of young boys engaging in sex & sent underwear; police obtained permission to search house from wife and found ova 2252(a)(1) & (aX4)(B) Not Consummated 1800 images of minors engaging in sexual activity; defendant confessed to having had prior sexual contact with other minors. Pled guilty to 2252; offense level based on "pattern"; defendant challenged and requested downward departure because he volunteered info about other crimes; court affirmed. 25 EFTA00226371

'FACILITY FACTS/COSMUNIC-ATION - CHARGE( ***II& I. Pisman, 443 F.3d 912 (7" Cir. Internet 25 Internet chats between defendant and co-conspirator; the two were involved in conspiracy to travel ... 2423(b) and (e); 2006) ***Conspiracy charge*** a sexual relationship & made plans for defendant to travel to meet with co- conspirators & others to engage in sex; more than one of those were minor boys. Co-defendant with 2422(b) Co-conspirator had been the one to contact the minors so he was charged with 2422(b), defendant was charged with conspiracy to travel under 2423(b). No Information Jury acquitted defendant of conspiracy to travel but found him guilty of 2422(b) violation. Court remanded for resentencing because of court's downward departure in defendant's sentence. 24 EFTA00226372

thq,(, ter e:- c- i' ,:: : In6 ' . aial !' FACTS/GO r '.:. r4 ; Y 4eigc U.S.' Veazey, Slip Copy Internet Internet chat room " *!SeXy HiGh 2422(b); — F.3d —, for Sting 2423(b) SchOol HoTTiEss" ; 48 yr-old man communicated with "15 yr-old" by 2007 WL 1892821 (7ih Cir. Publication Internet & later by telephone for months; 2007) very graphic sexually explicit conversations; defendant tried to teach Not Consummated "15 yr-old" how to seduce her friend; told her he wanted to have sex with her Showed up for meeting & her friend and wanted to take photos & make a movie; arranged to meet for sex; arrested when he showed up. Affirmed. 23 EFTA00226373

COURT . ... , , . YAPIX TY . „... .. . , . FACTS/CO INICATION ;CHARGE 7th ('ir. U.S. I Mallon, 345 F.3d 943 (7" Cir. 2003) nternet Internet chat room; British citizen met "15 yr-old" in chat room; he repeatedly attempted to entice her into having sex with him and boasted about another relationship with a "15 yr-old" in Florida; when "15 yr-old" finally agreed defendant flew from Belfast to Chicago for that purpose; arrested in hotel when he tried to hug & kiss the agent. Police found condoms; video camera set-up to film in hotel room; at defendant's home police found sexually graphic communications between defendant and other minors. Government challenged the judge's downward departure in sentencing based on defendant's heart condition and severely diminished capacity to make good judgments and deportable alien status; court vacated the sentence and remanded. 2422(6) Not Consummated Showed up for meeting Sting Doe, et at I Smith, et at, 470 F.3d 331 (7ih Cir. 2006) Molestation of minor student by school dean. 2422(b) Consummated 22 EFTA00226374

COURT . _CASES ' FACILITY FACTS/COMMUNICATION is CHARGE' US I Humphrey, 146 Fed. Appx. I (6th Cir. 2005) Unpublished Internet Defendant set up a meeting through the Internet and traveled to engage in sex with "7 & 12 yr-olds & their mother". Pled guilty. Challenged sentencing; court reversed sentencing because sentence was issued under a "pre- Booker" regime. 2422(b); 2423(6) Not Consummated Showed up for meeting Sting U.S. I Salazar, 185 Fed. Appx. 484 (6th Cir. 2006) Unpublished Internet Online solicitation. Consolidation of 2 cases same defendant - New Mexico & Michigan grand jury charges of 2422(a) & (b); 2423(b) & 2251. Pled guilty without reservation to challenge constitutionality of PROTECT Act. Act found constitutional and conviction affirmed. 2422(a) & (b); 2423(b); 2251(a) No Information U.S. I Volungus, 8 Fed. Appx. 555 (6th Cir. 2001) Unpublished No Information No information available. Indictment not accessible; no media information. Challenged application of special condition to his 3 year supervised release after serving his 53 month sentence that he not possess a computer; court affirmed because defendant agreed to the condition at pre-sentence hearing. 2422(b); 2252A No Information 21 EFTA00226375

ra.,. , :; 14!, ::. ' FACILITY. FACTS/COMMUNICATION CHARGE' . U.S.I Bailey, 228 F.3d 637 (6th Cir. 2000) Internet Defendant contacted minors through Internet; used graphic language describing how he wanted to perform oral sex on them and urged them to meet him; asked for photos of minors; admitted to trying to set up meetings for sex with other minors but said they never took place. Guilty of attempt to use the Internet to persuade, etc. 2422(b) Not Consummated U.S. I Coppedge, 12 Fed. Appx. 270 (6th Cir. 2001) Unpublished Computer No specific information available. Pled guilty to using computer to entice a minor & 2423(b); challenged 57 month & 3 year supervision sentence. Affirmed. 2422(b); 2423(b) U.S.I Champion, 248 F.3d 502 (6ih Cir. 2001) Internet (involves kidnapping) Internet chat room; met 13 yr-old in internet chat room while pretending to be 19 yrs-old; took her interstate; sexually molested her over 3 day period and held her against her will. Pled guilty; challenged sentence enhancement as career offender and as violent crime; court affirmed sentence. 2422(b); 2423(a); 2251(a); 2252A(4)(B) Consummated/ Force 20 EFTA00226376

e cop. :, , FACILITY _ FACTS/COMMUNICATION ilk CHARGE U.S. I Payne, 77 Fed. Appx. 772 (6'h Cir. 2003) Unpublished Internet Internet chat room contact with "14 yr- old"; defendant asked "14 yr-old" if she would perform oral sex on him and told her he wanted to touch her under her clothes; arranged to meet at a restaurant; arrested when he showed up. 2422(b) Not Consummated Showed up for meeting Sting Pled guilty but challenged sentence base offense level computation; court affirmed 24 month & 2 year supervision. U.S. I McCall, 79 Fed. Appx. 795 (6" Cir. 2003) Unpublished Internet Internet chat room; initiated communication with "15 yr-old"; FBI took over and continued communications as "13 yr-old"; defendant indicated he wanted to engage in sexual intercourse with "13 yr-old" and arranged to meet; arrested at the meeting place. His computer revealed contact with at least 3 actual minors. 2422(b); 2243(a) Not Consummated Showed up at meeting Sting Charged with 2243(a)and 2422(b); pled guilty to 2423 in exchange for dropping 2422 charge; challenged court's failure to depart downward; appellate court dismissed for lack of jurisdiction because judge knew that she could depart downward. 19 EFTA00226377

COURT CASES: FACILITY FACTS/COMMUNICATION. CHARGE / 5 I Chriswell, Internet Internet chat room '"'l Love Older 2422(b); 401 F.3d 459 (6th Cir. 2005) Sting Men"; 52 yr-old met "14 yr-old" in chat room; engaged in at least 14 explicit sexual conversations; arranged to meet and arrested when he showed up. 2423(b) Not Consummated Appeals 2 level enhancement of sentence because undercover agent was not actual minor; court agreed with defendant and reversed and remanded. Showed up for meeting U.S. I Hamm. Internet Internet chat room "I wanna do older 2422(6); 400 F.3d 336 (6th Cir. 2005) Sting men"; 27 yr-old initiated conversation with "14 yr-old"; defendant expressed desire to have sexual relations with her & sent her money to buy a plane ticket in order to meet him for sexual activity; arrested when he went to airport to pick her up. 2423(b) Not Consummated Showed up for meeting Pled guilty and challenged 33 month sentence because court failed to recognize its ability to depart downward from the guidelines; sentence vacated. 18 EFTA00226378

. COURT. . . CASES. FACILITY FACTS/COMMUNICATION CHARGE . U.S. I Fuller, 77 Fed. Appx. 371 (611' Cir. 2003) Unpublished Internet Defendant engaged in Internet IM chats with adult women which he continued with telephone contact; women reported him to police because of his preoccupation with having sex with minors; police conducted Internet sting operation; defendant began IM & telephone communications with "14 yr- old"; described explicit sexual acts, including mother/daughter sex; sent photos of women having sex with dogs; arranged a meeting with "14 yr-old" to have sex; arrested when he showed up. 2422(b); 2252(a)(1) & (a)(4)(B) Not Consummated Showed up for meeting Sting Challenged sentence of 135 months & 2 year supervision. Affirmed. U.S. I Kisor, 104 Fed. Appx. 479 (6th Unpublished Internet Internet chat room; 32 yr-old met 16 yr-old; engaged in IM and telephone 2422(b) Cir. 2004) communications containing graphic descriptions of sexual desires & role playing; mother found daughter in motel room with defendant and called police. Consummated Appeal of the court's refusal to ask jurors during voir dire if they thought that a 16 year-old could seduce an adult. Court found no error. 17 EFTA00226379

COURT Ca FACILITY • FACTS/COlarICATION . ... _ CHARGE U.S.' Yokeley, Slip Copy Internet Internet chat room "moms want older 2422(b); Slip Copy, 2007 WL Not for Sting men for daughter"; approached "mother 2423(b) 1958627 (6th Cir. 2007) Publication of 12 & 9 yr-olds" for sex with all three; graphic conversations with "12 yr-old" about having oral sex with her & getting her "9 yr-old" sister to participate; used telephone to finalize arrangements to meet for sex with "girls" & told them to get morning after pill because he did not want to use condom; wanted to be first sexual partner of the "12 yr-old"; arrested when he showed up. Not Consummated Showed up for meeting Pled guilty; contested 108 month sentence. Affirmed. 16 EFTA00226380

COURT i , , -4,. ..., • _ FACILITY FACTS/COMMUNICATION . CHARGE 6" Cir. U.S. I. Smith, 20 Fed. Appx. 412 (6th Cir. 2001) Unpublished Internet Internet and telephone communications between 42 yr-old and 16 yr-old girl; the two met and had sexual relations; when the 16 yr-old tried to end the relationship, the defendant threatened and physically abused her; police engage in undercover investigation. 2422(b); 2423(6); 2252 Challenged use of prior felony convictions to enhance sentencing to 150 months. Affirmed. Consummated U.S. I First, Slip Copy Internet Internet communications between 2422(b); Slip Copy, 2007 WL Not for Sting defendant and "mother of under age 2423(b) 1700818 (6th Cir. 2007) Publication girls"; defendant expressed interest in having sex with "daughters"; arranged to meet; arrested when he showed up after attempting to escape and hit officer with his car. 2241(c); 2241(c); 111 (assault of officer) Pled guilty; contested 144 month & 10 yr. supervision sentence. Affirmed. Not Consummated Showed up for meeting 15 EFTA00226381

COURT CASES FACILITY FACTS/COMMUNICATION CHARGE • U.S.' Wise, 447 F.3d 440 (5th Cir. Internet Internet chat room; 38 yr-old from Texas established Internet contact with 2422(b); 2423(b) 2006) 13 yr-old; defendant lied about his age because he knew 13 yr-old was not interested in sexual relationship with someone his age; IM chats and telephone conversations got more and more sexually explicit; defendant and 13 yr- old discussed sex acts they would perform together; defendant asked her to send explicit nude photos of herself; arranged to travel to meet for sex and recorded encounters; met on at least 3 separate occasions and performed sexual acts & took non-sexual & sexual photos. Consummated Contested 168 month sentence because of "grouping" in pre-sentence report. Affirmed. 14 EFTA00226382

COURT ' CASES . . FACILITY FACTS/COMMUNICATION CHARGE all U.S. II Armendariz, 451 F.3d 352 (5th Cir. 2006) Internet Internet chat room"Lil Boys for Older Men"; 38 yr-old man entered & contacted minor "boy" through chat room describing sexual encounters he would like to have with the "boy"; claimed he would like to teach the "boy" how to perform sexually; later used phone to continue contact and arranged to meet for sex; arrested when he showed up for the meeting. Computer analysis showed that he had corresponded with at least 4-5 other actual minor males but had never attempted to have sex with them. Government contested failure to require supervision upon release after 60 month sentence; sentence vacated and remanded because court did not consider the guidelines in not requiring post release supervision. 2422(b) Not Consummated Showed up for meeting Sting 13 EFTA00226383

COURT CASE Se FACILITY FACTS/COMMUNICATION CHARGE Unpublished Internet Internet chat room "Mom and Daughter Sex"; defendant initiated conversations with "mother of 13 yr-old"; over 13 months communicated with her relating sexually explicit details of sex experiences and preferences with the "13 yr-old"; arranged to meet "13 yr-old" for sex and arrested when he showed up. Conviction affirmed. 2422(b); 2423(b) Not Consummated Showed up for meeting 51h Cir. U.S. I Cherian, 58 Fed. Appx. 596 (5'h Cir. 2003) Sting U.S. I Berger, 119 Fed. Appx. 658 (51h Cir. 2005) Unpublished No Information No information available. Indictment not accessible. Pled guilty to 2422(6); appealed plea and sentence. Appeal dismissed. 2422(b) No Information U.S. I Latorre, 61 Fed. Appx 557 (5`h Cir. 2003) Unpublished No Information No information available. Indictment not accessible; no media information. Sentence restriction that prohibits defendant from "visiting any areas near schools, day-care centers..." after release from 105 months imprisonment affirmed. 2422(b); 2423(b) No Information 12 EFTA00226384

•COURT CASES FACILITY . - FACTS/COMMUNICATION CHARGE 4' Cir. U.S. Kaye Slip Copy, 432007 WL 1978226 (4th Cir. 2007) Slip Copy Not for Publication Internet Internet communications by 54 yr-old male` with "13 yr-old male"; defendant told' 13 yr-old" he was "prowling for young men" on the Internet; defendant emailed explicit photos of himself naked and having oral sex with another male; defendant engaged in several sexually explicit chats with "14 yr-old"; arranged to meet "14 yr-old" for sex; when defendant arrived he was met by "Dateline" crew instead. Conviction & sentence affirmed 2422(b); 2423(b) Not Consummated Sting by private organization U.S. I Bray, 133 Fed. Appx. 80 (4i° Cir. 2005) Unpublished No Information No information available. Indictment not accessible; media information. Challenge to sentence of 168 and 180 months for 2 counts of 2422(b) conviction and 60 month conviction for marijuana possession — all but 24 months to be concurrent or alternative sentence of 204 months - court affirmed sentence. 2422(b); 21 USC 841 (marijuana possession ) No Information U.S. I Taylor, 6 Fed. Appx. 174 (4th Cir. 2001) Slip Copy Not for Publication No Information No information available. Indictment not accessible; no media information. Appealed 71 month sentence. Affirmed. 2422(b); 2423(b) No Information 11 EFTA00226385

COURT CASES FACILITY FACTS/COMMUNICATION CHARGE L 5 I Tykarsky, Internet Internet chat room "Iloveoldermen2"; 2422(b); 446 F.3d 458 (3'd Cir. 2006) tin defendant initiated IM chat with "14 yr- old"; indicated interest in having sex with her; contacted the "14 yr-old" on at least 8 different dates & described in explicit detail sexual acts he hoped to perform with her; asked "14 yr-old" for photo; during Internet chat defendant arranged to meet "14 yr-old" at a hotel and described sexual acts he intended to engage in with her; defendant showed up at hotel and arrested. 2423(b) Not Consummated Showed up at meeting Actual minor not required; maximum sentencing provided by PROTECT Act remanded because conduct occurred before effective date of the Act (April 30, 2003). 10 EFTA00226386

COURT CASES FACILITY FACTS/COMMUNICATION CHARGE . . U.S. I .thvivad, 184 Fed. Appx. 201 (3rd Cir. 2006) Unpublished Internet Case involved typical intemet sting operation. No specific facts available. 2422(b); 2423(b) Not Consummated Stine U.S. I Garcia, Slip Copy, 2007 WL 986874 (3"I Cir. 2007); see also U.S.I Garcia, 2005 WL 1862409 (M.D. Pa. 2005)(Unpublished) infra Slip Copy Not for Publication Internet 56 yr-old male met 14 yr-old on Internet; traveled to meet her for sex and had sex with her. Pled guilty but appealed 100 month, 5yr supervision & fines. Affirmed. 2422(b); 2423(b) Consummated 9 EFTA00226387

COURT CASES .FACILITY, FACTS/COMMUNICATION CHARGE 3rd Cir. U.S. I Lee, 315 F.3d 206 (3n0 Cir. 2003) Internet Internet chat room "GirlsandOlderGuys"; 30 yr-old contacted minor in chat room; met actual 2252A(a)(1) & (b)(1); (a)(5)(B) & (b)(2); 2423(b); 15 yr-old in chat room; arranged to have her travel to meet him; they met and engaged in sexual acts. Also attempted to meet other minors online to engage in sexual activity; transmitted child porn online. 2422(b) Consummated Pled guilty to 2252A and 2422(b) and sentenced to 57 months; appealed sentence requiring supervised release condition requiring random polygraph testing. Affirmed. U.S. I Hlavac, Slip Copy, 2006 WL Slip Copy Not for Internet Defendant responded to Internet propositions made by mother of a 2 yr- 2422(b); 2423(b); 3368897 (3' Cir. 2006) Publication old offering her for sex; arranged for the sexual encounter with the infant online. 2252(a)(2); 2252(a)(4)(B): When arrested police found child porn on his computer including descriptions of his fantasies of engaging in sex with the mother and infant. 2253 Consummated Appealed 240 month sentence. Affirmed. 8 EFTA00226388

COURT. 1111111011fr. .., FACILITY FACTS/COMMUNICATION .CHAB.GB U.S. I Brand, 467 F.3d 179 (2nd Cir. 2006) Internet Internet chat room; civilian posing as "13 yr-old girl" in "I Love Older Men" chat room; defendant proposed they meet and he "hug" her and they could fool around and "do it all"; offered to "teach her" how to have sex and "how to be a woman"; civilian turned chats over to police; defendant used the telephone to plan and arrange to meet for sex; arrested when he showed up. Police found child porn on his computer and condoms in his car. 2422(b); 2423(b) Not Consummated. Showed up at meeting Sting U.S.' —Johnson. 221 F.3d 83 (2nd Cir. 2000) Internet Internet contact with 3 separate minor girls and traveled to engage in illegal sexual conduct; traveled from MA to NY; VA to MD; & VA to MI to meet 13 yr-olds & have sex; and convinced minor to travel from MD to VA to have oral sex with him; all through the Internet. Pled guilty — 88 month sentence Affirmed. 2422(b); 2423(b); 2252(a)(1) & (a)(4)(B) Consummated 7 EFTA00226389

I COURT •CASES FACILITY FACTS/COMMUNICATION' CHARGE U.S. I Alinnici. Unpublished Internet Defendant drove 170 miles to engage in 2422(6); 128 Fed. Appx. 827 (2n° Cir. 2005) Sting sexual activities with "13 yr-old" after engaging in IM chats, and telephone conversations. Defendant found to be in possession of graphic photographs. 2423(b) Not Consummated Defendant also engaged in IM chats with "14 yr-old" during which he expressed desire to travel to meet her; also other 11.1 chats where defendant described "coaching" high-school girls in sexual terms; photo of grown man masturbating in front of a 2 yr-old. "Addictive" nature of Internet communications with minor warranted pre-trial detention and revocation of bond. 6 EFTA00226390

c 7 i 1/4, - ... = . :FACILITY' FACTS/COMMIgICATIDN ' - i.eitAliGE U.S I Weisser, 417 F.3d 336 (2n0 Cir. 2005) Internet AOL 1M chats (over 6) between 45 yr- old male from San Francisco and "II yr- old male" in NYC; discussed in graphic language the kinds of previous sexual 2422(b); 2423(b); 2252A(a)(1) Sting activity he had engaged in with other Not Consummated minor males and those he planned to engage in with the "11 yr-old"; defendant arranged to meet the "boy" at Showed up at meeting a hotel in NYC; talked on the telephone twice (calls recorded); requested photos to verify age; made detailed plan for "11 yr-old" to skip school and stay with him at hotel in NYC; defendant sent "11 yr- old" his flight and hotel information and waited for "boy" in hotel room where arrested; police found defendant with sexual paraphernalia and CD in computer containing child porn which had been created from images downloaded from defendant's computer. 210 month sentence remanded to be reconsidered in light of (1.8.1 Crosby, 397 F.3d 103 (2d Cir. 2005). 5 EFTA00226391

COURT. CASES : FACILITY .FACTS/COMMUNICATION .-- CHARGI . .. - . • U.S. I Friedman, 139 Fed. Appx. 330 (2nd Cir. 2005) Unpublished Internet Email communications with actual 14 yr- old; defendant arranged to meet and actually met 14 yr-old girl and engaged in "sexual touching"; interrupted by security guard at mall; Ims reflected defendant's intention upon meeting 14 yr old to present himself in an aroused state; defendant found with condoms in his car; 2422(b); 242300 Consummated & when arrested photos were found on his digital camera, one of which he had sent to the 14 yr-old via email. Conviction affirmed but 81 month sentence vacated to be reconsidered in light of Booker. 4 EFTA00226392

COURT CASES FACILITY I FACTS/COMMUNICATION CHARGE U.S. I Gravenhorst, 2006 U.S. App. LEXIS 32373 (1st Cir. 2006); vacating 377 F.3d 49 (1' Cir. 2004) Unpublished Internet Use of email by 45 yr-old male to proposition 4 16 yr-old girls & one under 16 yrs-old to engage in sex with him; defendant pretended to be 19 yr-old and sent numerous graphic emails asking minors for sex; also sent sexually- charged images to them — including couple engaging in sex and an erect penis. Sentence vacated in light of Booker. 2422(b); 1470; 1462 No Information 2"d Cir. U.S. 148 F.3d 1998) I , 207 (2nd Cir. Pimp/ Prostitution Gang members; pimp recruited underage girls for prostitution and traveled interstate with them. 2422(b); 2423(b) No Information 3 EFTA00226393

It is also clear that in no case — other than U.S. 'Howard, 2006 U.S. Dist. LEXIS 67214 (W.D.N.C. 2006) (co- nspirator pimps in p c! rostitution ring) — was there a ccessful charge f conspiracy based on §2422(b). See, e.g., U.S. Pisman, 443 F.3d 912 (7th Cir. 2006) (2423(b) conspiracy); U.S. Pipkins, es al., 378 F.3d 1281 (11th Cir. 2004 (RICO conspiracy); U.S. Hornaday, 392 F.3d 1306 (1 1 th Cir. 2 4) (conspiracy charge was error); U.S. I Jackson, 2007 U.S. Dist. LEXIS 33639 (D. Neb. 2007) (state conspiracy charge dropped because no conspiracy possible with undercover agent); M. Bianchi, 2006 U.S. Dist. LEXIS 90073 (ED. Pa. 2006) (2423(e) conspiracy). 1" Cir. U.S. I Dewire, 271 F.3d 333 (1° Cir. 2001) FACTITTI Internet FACTS/COMMUNICATION AOL instant message (IM) communication with "12 yr-old"; sexually explicit conversation, at the end of which defendant arranged to meet "12 yr-old" at a restaurant. In reality communications were with an adult swim team coach who had been using the girl's computer; coach turned print out of conversation over to police who observed defendant entering and leaving the restaurant and arrested him. Sentence 13 months; appealed conviction & sentence. Affirmed. CHARG 2422(b) Not Consummated Showed up for meeting 2 EFTA00226394

JEFFREY EPSTEIN 18 U.S.C. §2422(b) CASE ANALYSIS CHART A nationwide search of all cases listing charges under 18 U.S.C. §2422(b) underscores the undeniable fact that this statutory provision has been used almost exclusively to apply to situations involving Internet "trolling" by sexual predators. Out of a total of 184 cases listed in the chart below, the overwhelming majority — 160 cases — involves communications using the Internet. Of those cases, 113 involve the classic "Internet Sting" operations where either the government or a private organization has focused its investigative efforts on the use of the Internet to lure infants and minors, 2-14 years-old. Of those 113 cases, 76 involve the use of Internet chat rooms. As the chart reflects, the circumstances under which this statute has been applied invariably involve communications containing an explicit inducement — if not many - to the minor to engage in sex, and reflect the defendant's clear knowledge of the age of the minor. Notably out of the184 cases, two of the three cases in which the telephone served as the sole facility of interstate commerce involve charges against pimps of prostitution rings. Both of those cases involve the pimps' use of the all telephone to arrange appointments for prostitutes to further their business ventures. In addition both of those cases include violence, distribution of rcotics, T use of force and possession of firearms and the like. . Evans, 476 F.3d 1176 (11th Cir. 2007); U.S. Phillips, 165 Fed. Appx. 677 (10th Cir. 2006). The only of er ins ce where the telephone provided the sole basis for a charge under 2422(b) presented a situation where the enticement/inducement of known underage girls for sexual activity was explicitly made over the telephone. Lastly, the telephone and not the Internet served as the "facility or instrument" of interstate commerce in 4 foreign travel sting operation cases geared towards "sex tourism". Several other cases involving pimps (3) failed to mention the facility used.' ' The 14 remaining cases involving charges under 2422(b) fail to provide any information as to the facts underlying the charges. EFTA00226395