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U.S. v. HELDER

No. 05-3387.

452 F.3d 751 (2006)

UNITED STATES of America Appellant, v. Jan P. HELDER, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 26, 2006.

Attorney(s) appearing for the Case

Katharine Fincham, argued, Asst. U.S. Atty., Kansas City, MO (Philip M. Koppe, Asst. U.S. Atty., Todd P. Graves, U.S. Atty., on the brief), for appellant.

James R. Hobbs, argued, Kansas City, MO (Marilyn B. Keller, on the brief), for appellee.

Before ARNOLD and SMITH, Circuit Judges, and MAGNUSON, District Judge.

SMITH, Circuit Judge.

Jan P. Helder, Jr. was charged with using a facility of interstate commerce, the Internet, to attempt to entice a minor to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b). The district court granted Helder's motion for judgment of acquittal. The government appeals, arguing that the district court erred by granting Helder's motion for judgment of acquittal because § 2422(b) does not require the intended victim...

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