U.S. v. HOFUS

No. 09-10076.

598 F.3d 1171 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Terrance HOFUS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 19, 2010.


Attorney(s) appearing for the Case

Michael Powell, Office of the Federal Public Defender, Reno, NV, for the defendant-appellant.

Elizabeth Olson, Office of the United States Attorney, Reno, NV, for the plaintiff-appellee.

Opinion by Judge HAWKINS; Dissent by Judge NOONAN.


MICHALE DALY HAWKINS, Circuit Judge:

Appellant Terrance Hofus ("Hofus") appeals his jury trial conviction for one count of attempting to coerce and entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). He contends the jury instructions inadequately defined the "substantial step" requirement and failed to require unanimity as to what constituted that substantial step. Hofus also argues that the district court erroneously excluded testimony...

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