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U.S. v. MALENYA

No. 12-3069.

736 F.3d 554 (2013)

UNITED STATES of America, Appellee v. Tom Lusuli MALENYA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 2013.

Attorney(s) appearing for the Case

Jonathan S. Jeffress , Assistant Federal Public Defender argued the cause for appellant. With him on the briefs were A.J. Kramer , Federal Public Defender, and Rosanna M. Taormina , Assistant Federal Public Defender. Tony Axam Jr. , Assistant Federal Public Defender, entered an appearance.

James A. Ewing , Assistant U.S. Attorney, argued the cause for appellee. With him on the briefs were Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman and Chrisellen R. Kolb , Assistant U.S. Attorneys.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

WILLIAMS, Senior Circuit Judge:

Tom Lusuli Malenya, a 41-year-old Army nurse, posted a personal ad on the "Men Seeking Men" section of Craigslist.com. D.R., who was 14 at the time, responded to Malenya's ad by e-mail and claimed to be an 18-year-old "twink"—someone who appears to be younger but who is actually an adult male between the ages of 18 and 23. Via text message, Malenya arranged for D.R. to come to his apartment, and the two had sex. A few weeks later...

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