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053670P.pdf 08/10/2006 USA v. Billy Hicks
U.S. Court of Appeals Case No: 05-3670
Western District of Missouri
[PUBLISHED] [Smith, Author, with Arnold, Circuit Judge and
Magnuson, District Judge]
Criminal Case - conviction. Dismissal of indictment for attempting to
engage in sexual activity with a minor because no actual person under age
18 was involved is reversed. In accordance with United States v. Helder,
18 U.S.C. sec. 2422(b) does not require the intended victim to be an
actual minor. Section 2423(b) conviction similarly does not require the
victim to actually be a minor.