United States v. Michael McCarron

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10072 Plaintiff-Appellee, D.C. No. v. 1:19-cr-00012-

MICHAEL LOUIS MCCARRON,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Guam Frances Tydingco-Gatewood, Chief District Judge, Presiding

Argued and Submitted January 19, 2022 Honolulu, Hawaii

Filed April 18, 2022

Before: Diarmuid F. O’Scannlain, Eric D. Miller, and Kenneth K. Lee, Circuit Judges.

Opinion by Judge O’Scannlain SUMMARY *

Criminal Law

The panel affirmed the district court’s judgment in a case in which the defendant contended that the Government failed to offer sufficient evidence to support his conviction for attempted enticement of a minor in violation of 18 U.S.C. § 2422(b).

Addressing the attempt element of a violation of § 2422(b), the panel addressed the threshold question of whether the defendant’s conduct advanced “the criminal purpose charged.” The panel emphasized that the defendant was not charged with attempting to engage in sexual activity with a minor; rather, the “criminal…