U.S. v. BROWN

No. 05-16128.

526 F.3d 691 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. James Joseph BROWN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 29, 2008.


Attorney(s) appearing for the Case

Margaret Y. Foldes, Asst. Fed. Pub. Def., Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Brown.

Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Dawn Bowen, Daniel L. Rashbaum, Miami, FL, for U.S.

Before TJOFLAT, FAY and SILER, Circuit Judges.


TJOFLAT, Circuit Judge:

Pursuant to a plea agreement, James Joseph Brown pled guilty to using a facility and means of interstate commerce to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). The district court sentenced him to prison for a term of 235 months. He now appeals his conviction and sentence.

I.

A.

On April 30, 2004, at around 7:30 a.m., Brown, who was logged onto an

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