Legal Opinion

United States v. Rakesh Dhingra

Court of Appeals for the Ninth Circuit

Decided July 23, 2004No. 03-10001PublishedCited by 67 opinions

1Opinion of the Court

McKEOWN, Circuit Judge:

Rakesh Dhingra appeals his conviction on one count of using the Internet to solicit sexual activity from a minor, in violation of 18 U.S.C. § 2422(b). On appeal, Dhingra raises a host of constitutional challenges. We conclude that § 2422(b) is not facially unconstitutional as overbroad and vague, nor does it violate the First and Tenth Amendments for incorporating state criminal sexual offense statutes. We are also unpersuaded by Dhingra’s multiple evidentiary and sentencing challenges. Accordingly, we affirm Dhingra’s conviction and sentence.

BACKGROUND

A. FACTUAL…

2Cases cited35 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Hamling v. United StatesSupreme Court of the United States · 1974
  3. Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997
  4. Sable Communications of California, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1989
  5. Ashcroft v. American Civil Liberties UnionSupreme Court of the United States · 2002

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3Cited by67 opinions

  1. United States v. Todd Tykarsky A/K/A Toddyty63 A/K/A Golpher12345Court of Appeals for the Third Circuit · 2006
  2. United States v. ChererCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. BrooksCourt of Appeals for the Ninth Circuit · 2010
  4. United States v. DwinellsCourt of Appeals for the First Circuit · 2007
  5. United States v. KilbrideCourt of Appeals for the Ninth Circuit · 2009

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