Cherer

Background

On July 8, 2005, FBI Special Agent Sue Flaherty was in an America Online chat room in an undercover capacity, using the AOL screen name “SusieBabyGirl.” And Cherer, using the screen name “G8rwith8nGV,” initiated a chat with her. 1246 UNITED STATES v. CHERER In the following weeks leading up to Cherer’s arrest, Cherer, as “G8rwith8nGV,” and Agent Flaherty, as “Susie- BabyGirl,” chatted online several times. During each chat they discussed sex, e.g., “Susie’s” sexual experience, and whether she would be willing to have a sexual relationship with Cherer.

During three different chats, Cherer asked “Susie” her age, and she replied fourteen each time. In particular, the first time “Susie” told Cherer she was fourteen, Cherer replied, “cool, fourteen is cool . . . .” At the time, Cherer was thirty-five.

The two also planned to meet in person. According to their online chats, the purpose of this meeting was for “Susie” to perform various sex acts on Cherer. When Cherer approached the designated meeting place, FBI agents arrested him.

Following his arrest, Cherer made several statements to the FBI, including that he thought “Susie” was eighteen, and that he…