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U.S. v. SEARCY

No. 03-16282.

418 F.3d 1193 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Edgar Joe SEARCY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 28, 2005.

Attorney(s) appearing for the Case

Howard S. Dargan (Court-Appointed), Hamilton, Lehrer & Dargan, Boca Raton, FL, for Searcy.

Kathleen M. Salyer, Anne R. Schultz, Asst. U.S. Atty., Jeanne Marie Mullenhoff, Asst. U.S. Atty., Emily Smachetti, Randall Dana Katz, Miami, FL, for U.S.

Before DUBINA and WILSON, Circuit Judges, and LAWSON, District Judge.

WILSON, Circuit Judge:

Edgar Joe Searcy appeals his conviction and sentence for using a facility and means of interstate commerce, the internet service provider America Online ("AOL"), to knowingly persuade, induce, entice or coerce a minor to engage in unlawful sexual activity, and attempting to do so, in violation of 18 U.S.C. § 2422(b). At issue on appeal is whether the district court erred in concluding that a violation of 18 U.S.C. § 2422(b) is a crime...

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