Vail
United States v. Vail
Opinion
Lead Opinion
MEMORANDUM *
Appellant William Vail (“Vail”) appeals his conviction and sentence for violating 18 U.S.C. § 2422 (b) and 18 U.S.C. § 2423 (b). Vail argues that he could not be convicted under either statute because his actions were directed toward an adult FBI agent who was over the age of 18 years and not toward an actual minor. Vail further argues that in sentencing him, the district court abused its discretion when it declined to award a downward adjustment *192 for acceptance of responsibility pursuant to the United States Sentencing Guidelines (U.S.S.G.) § 3E1.1.
We affirm in part, vacate in part, and remand.
I. Conviction Under 18 U.S.C. § 2422 (b)
Section 2422(b) prohibits “the use of an interstate communications facility to attempt to induce a minor to engage in sexual activity.” Vail’s argument that he cannot be convicted under the attempt provision of 18 U.S.C. § 2422 (b) is foreclosed by our recent decision in United States v. Meek, 366 F.3d 705, 717-18 (9th Cir.2004). Accordingly, we affirm his conviction on Count II for attempting to induce a minor to engage in sexual activity in violation of 18 U.S.C. § 2422 (b).