Legal Opinion
United States v. Gagliardi
Court of Appeals for the Second Circuit
Decided October 22, 2007No. Docket 06-4541-crPublishedCited by 124 opinions
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge:
Defendant-Appellant Frank Gagliardi appeals from his conviction on one count of attempting to entice a minor to engage in prohibited sexual activity in violation of 18 U.S.C. § 2422(b). He argues that § 2422(b) requires an actual minor victim and is unconstitutionally vague and over-broad. In the instant case, the targets of Gagliardi’s attempted enticement were not actual minors but adults posing as minors. We now join several other circuits in holding that 18 U.S.C. § 2422(b) does not require that the enticement victim be an actual “individual who has not…
2Cases cited39 opinions
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Kolender v. LawsonSupreme Court of the United States · 1983
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Lorillard v. PonsSupreme Court of the United States · 1978
- Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
34 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- Tienda, Ronnie Jr.Court of Criminal Appeals of Texas · 2012
- United States v. Al-MoayadCourt of Appeals for the Second Circuit · 2008
- United States v. GladishCourt of Appeals for the Seventh Circuit · 2008
- United States v. VaynerCourt of Appeals for the Second Circuit · 2014
- People v. DeDonaAppellate Division of the Supreme Court of the State of New York · 2012
119 more not listed; retrieve them via the Exa API.