UNITED STATES v. KISTLER

No. 22-1514.

70 F.4th 450 (2023)

UNITED STATES of America, Plaintiff-Appellee v. Francis James KISTLER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Molly C. Quinn , AFPD, of Sioux Falls, SD. The following attorney also appeared on the appellant brief; Bryan Dean , AFPD, of Bismarck, ND.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Kevin Koliner , AUSA, of Sioux Falls, SD. The following attorney(s) appeared on the appellee brief; Eric D. Kelderman , AUSA, of Rapid City, SD.

Before SMITH, Chief Judge, BENTON and STRAS, Circuit Judges.


A grand jury indicted Francis Kistler, a former sheriff's deputy, on six counts: attempting to induce a minor to produce child pornography, in violation of 18 U.S.C. § 2251(a) and (e) (Counts 1 and 2); enticement of a minor, in violation of 18 U.S.C. § 2422(b) (Counts 3 and 4); and transferring and attempting to transfer...

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