United States v. Rakesh Dhingra

Rakesh Dhingra appeals his conviction on one count of using the Internet to solicit sexual activity from a minor, in violation of 18 U.S.C. § 2422 (b). On appeal, Dhingra raises a host of constitutional challenges. We conclude that § 2422(b) is not facially unconstitutional as overbroad and vague, nor does it violate the First and Tenth Amendments for incorporating state criminal sexual offense statutes. We are also unpersuaded by Dhingra’s multiple evidentiary and sentencing challenges. Accordingly, we affirm Dhingra’s conviction and sentence.

BACKGROUND

A. FACTUAL BACKGROUND

In early July 2000, Rakesh Dhingra contacted the victim, then a 14-year-old girl, using the Internet-based America Online Instant Messenger service (“IM”). Dhin-gra sent the girl an instant message after seeing her personal homepage, in which she referenced her age and a sexual experience she had during her freshman year of high school, the prior academic year. The victim recalled that, in their first conversation, the two discussed their ages and locations.

A few days later, Dhingra again contacted the girl over IM. In this conversation, Dhingra asked for explicit details about the sexual experience…