United States v. Joe Lanning

Reversed and remanded by published opinion.

Judge WYNN wrote the majority opinion, in which Judge FLOYD joined.

Judge DUNCAN wrote a dissenting opinion.

WYNN, Circuit Judge:

In the context of a sting operation specifically targeting gay men, an undercover ranger approached Defendant, initiated a sexually suggestive conversation with him, and then expressly agreed to have sex with him. In response, Defendant backed up to the ranger and “[v]ery briefly” touched the ranger’s fully-clothed crotch. J.A. 56. That conduct gave rise to Defendant’s conviction for disorderly conduct under 36 C.F.R. § 2.34,…