United States v. David Cary Mayer, AKA David Cory Mayer
Opinion
Opinion
Hall, J.
ORDER
The opinion filed on June 6, 2007, is hereby amended as follows. In the slip opinion at page 6818, paragraph [4], lines 6-9, the sentence beginning “Any violation ....” is replaced with “Any violation here is more properly asserted by NAMBLA through a Bivens action, in which it could better develop any facts about the burden on its rights. See Bivens v. Six Unknown Named Agents of Federal Bureau of Nar cotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971).”
OPINION
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 government 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 instigated criminal conduct among its members. The district court denied Mayer’s motion to dismiss the indictment on these grounds, and we affirm.