United States v. Encarnacion-Ruiz

THOMPSON; Circuit Judge,

dissenting.

Enearnación-Ruiz (“Encarnación”) admits that he is shown on camera engaging in sexually explicit acts with a minor on at least two separate occasions, one of which involved him being filmed having sex with her. And should he prevail on his appeal, Encarnación, at least initially, sought only to go to trial armed with a mistake of age affirmative defense. Specifically, he wanted to be able to tell the jury that he thought the girl was eighteen when he had sex with her before the camera.

The majority believes this case requires us to decide whether the…