U.S. v. ORREGA

No. 03-11659.

363 F.3d 1093 (2004)

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

United States Court of Appeals, Eleventh Circuit.

March 24, 2004.


Attorney(s) appearing for the Case

Maria Beguiristain, Anne R. Schultz, Miami, FL, for Plaintiff-Appellant.

Antonio E. Marin, Miami, FL, for Defendant-Appellee.

Before WILSON and KRAVITCH, Circuit Judges, and GOLDBERG, Judge.


KRAVITCH, Circuit Judge:

The issue in this appeal is whether the district court erred by granting a downward departure to defendant John Orrega, who pleaded guilty to using a means of interstate commerce to entice a minor to engage in sexual acts, in violation of 18 U.S.C. § 2422(b).

I. BACKGROUND

On March 28, 2002, a special agent with the United States Secret Service ("agent") signed onto a Yahoo internet chat room using the undercover name...

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