U.S. v. LANNING

No. 12-4547.

723 F.3d 476 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Joe L. LANNING, Defendant-Appellant. American Civil Liberties Union Foundation; American Civil Liberties Union of North Carolina Legal Foundation, Incorporated, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 19, 2013.


Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee. Joshua A. Block , Leslie Cooper , American Civil Liberties Union Foundation, New York, New York; Christopher Brook , Aclu of North Carolina Legal Foundation, Raleigh, North Carolina, for Amici Supporting Appellant.

Judge DUNCAN wrote a dissenting opinion.


WYNN, Circuit Judge:

In the context of a sting operation specifically targeting gay men, an undercover ranger approached Defendant, initiated a sexually suggestive conversation with him, and then expressly agreed to have sex with him. In response, Defendant backed up to the ranger and "[v]ery briefly" touched the ranger's fully-clothed crotch. J.A. 56. That conduct gave rise to Defendant's conviction for disorderly conduct under 36 C.F.R. § 2.34, which prohibits...

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