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U.S. v. NESTOR

No. 08-2535.

574 F.3d 159 (2009)

UNITED STATES of America v. Brian Lee NESTOR, Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 23, 2009.

Attorney(s) appearing for the Case

Karen S. Gerlach, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.

Robert L. Eberhardt, Office of the United States Attorney, Pittsburgh, PA, for Appellee.

Before: SLOVITER, AMBRO and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Brain Lee Nestor appeals his conviction for attempting to persuade, induce, entice, or coerce a child to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b). He contends that, because he never spoke to a child or to anyone whom he believed was a child, he cannot be convicted under the statute. We conclude that a defendant like Nestor, charged with...

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