U.S. v. GAGLIARDI

Docket No. 06-4541-cr.

506 F.3d 140 (2007)

UNITED STATES of America, Appellee, v. Frank GAGLIARDI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 22, 2007.


Attorney(s) appearing for the Case

Michael S. Pollok, New York, N.Y., for Defendant-Appellant.

Margaret Garnett, Assistant United States Attorney, of counsel, (Benjamin Gruenstein, Assistant United States Attorney, of counsel, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., for Appellee.

Before: WALKER, CALABRESI, and SACK, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

Defendant-Appellant Frank Gagliardi appeals from his conviction on one count of attempting to entice a minor to engage in prohibited sexual activity in violation of 18 U.S.C. § 2422(b). He argues that § 2422(b) requires an actual minor victim and is unconstitutionally vague and overbroad. In the instant case, the targets of Gagliardi's attempted enticement were not actual minors but adults posing as minors. We now join...

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