Legal Opinion

United States v. Nestor

Court of Appeals for the Third Circuit

Decided July 23, 2009No. 08-2535PublishedCited by 39 opinions

1Opinion of the Court

OPINION OF THE COURT

JORDAN, Circuit Judge.

Brain Lee Nestor appeals his conviction for attempting to persuade, induce, entice, or coerce a child to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b). He contends that, because he never spoke to a child or to anyone whom he believed was a child, he cannot be convicted under the statute. We conclude that a defendant like Nestor, charged with attempting to lure a child into sex, can violate § 2422(b) without communicating directly with a child or with someone whom he believes is a child, and we therefore will affirm.

I.…

2Cases cited5 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. BedRoc Limited, LLC v. United StatesSupreme Court of the United States · 2004
  3. United States v. Todd Tykarsky A/K/A Toddyty63 A/K/A Golpher12345Court of Appeals for the Third Circuit · 2006
  4. United States v. Kai-Lo Hsu, A/K/A James Hsu. United States of America v. Chester S. Ho. United States of AmericaCourt of Appeals for the Third Circuit · 1998
  5. United States v. SotoCourt of Appeals for the Third Circuit · 2008

3Cited by39 opinions

  1. United States v. LeeCourt of Appeals for the Eleventh Circuit · 2010
  2. United States v. Paul PavulakCourt of Appeals for the Third Circuit · 2012
  3. United States v. Paul HiteCourt of Appeals for the D.C. Circuit · 2014
  4. United States v. LaureysCourt of Appeals for the D.C. Circuit · 2011
  5. United States v. WinckelmannCourt of Appeals for the Armed Forces · 2011

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