DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063262P.pdf 07/30/2007 USA v. John T. Spurlock
U.S. Court of Appeals Case No: 06-3262
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Bright and Gruender, Circuit
Judges]
Criminal case - Criminal law and sentencing. Claim that an actual
minor must be involved in order for the government to prove the crime of
attempted enticement under 18 U.S.C. Sec. 2422(b) rejected, as a
defendant's belief that the person he was enticing was a minor is
sufficient to support a conviction for attempt, even if the actual recipient
is an adult police officer posing on-line as minor; evidence was sufficient
to support conviction for attempted enticement; district court did not err
in denying defendant a two-level reduction for acceptance of
responsibility. Judge Bright, concurring in part and dissenting in part.