United States v. Hubbard

OWEN, Circuit Judge:

Walter Bryan Hubbard was convicted under Oklahoma law 1 for attempting to make a series of lewd or indecent proposals to engage in unlawful sexual relations with a person he believed to be a fourteen-year-old girl. The person to whom he made such proposals over the internet and by phone was in fact an adult undercover agent, not a minor. Subsequently, Hubbard was convicted on an unrelated federal charge of distributing child pornography in violation of 18 U.S.C. § 2252A(a)(2) and sentenced to 97 months in prison. The only issue in the Government’s appeal of that sentence…