Mayer

United States v. Mayer

Good Law
United States Court of Appeals for the Ninth CircuitJune 19, 200706-50481California5,730 words

Opinion

Opinion

facts about the burden on its rights. See Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403

U.S. 388 (1971).”

OPINION

HALL, Senior Circuit Judge:

David Cary Mayer (Mayer) appeals his conviction for travel with intent to engage in illicit sexual conduct under 18 U.S.C. § 2423(b). He argues that the district court should have dismissed the charges against him because the investigation that led to his arrest violated the First, Fourth, and Fifth Amendments. Specifically, Mayer contends that the govern- ment lacked reasonable suspicion when it sent an undercover agent to meetings of the North American Man/Boy Love Association (NAMBLA) and that the agent improperly insti- gated criminal conduct among its members. The district court denied Mayer’s motion to dismiss the indictment on these grounds, and we affirm.

I.

Formed in 1978, NAMBLA considers itself “a political, civil rights and educational organization,” which is, according 7430 UNITED STATES v. MAYER to its Web site, opposed to age-of-consent laws and “all other restrictions which deny men and boys the full enjoyment of their bodies and control over their own lives.” NAMBLA also functions…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.