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U.S. v. HICKS

No. 05-3670.

457 F.3d 838 (2006)

UNITED STATES of America, Appellant, v. Billy G. HICKS, aka Lksmillbrst, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 10, 2006.

Attorney(s) appearing for the Case

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

Melanie S. Morgan, argued, Kansas City, KS, for appellee.

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

SMITH, Circuit Judge.

A grand jury indicted Billy G. Hicks, Jr. for crimes relating to his alleged attempt to engage in sexual activity with a minor. Hicks unknowingly communicated with adult members of a task force run by the Federal Bureau of Investigation who posed as "Amber," a thirteen-year-old female in Kansas City, Missouri. Because no actual minor was involved, the district court dismissed the indictment. We reverse.

I. Background

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