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U.S. v. ROOT

No. 01-14945.

296 F.3d 1222 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. John Allen ROOT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 10, 2002.

Attorney(s) appearing for the Case

W. Carl Liefz, Mildred Geckler Dunn, Fed. Pub. Def., Fed. Pub. Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Yonette Sam-Buchanan, Atlanta, GA, for Plaintiff-Appellee.

Before ANDERSON, HULL and KENNEDY, Circuit Judges.

HULL, Circuit Judge:

A federal jury convicted Appellant John Allen Root of one count of attempting to persuade a minor to engage in criminal sexual activity, in violation of 18 U.S.C. § 2422(b), and one count of traveling in interstate commerce for the purpose of engaging in a criminal sexual act with a minor, in violation of 18 U.S.C. § 2423(b). Root appeals his conviction and sentencing enhancement based on the fact that the "minor" involved was not an...

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