Messano

MEMORANDUM **

Sean Messano appeals his jury conviction for using the Internet to attempt to induce a minor to engage in criminal sexual activity, in violation of 18 U.S.C. § 2422 (b) (2000). The minor was actually an FBI special agent posing as a 13-year-old girl named Ashley. Messano developed a relationship with her over a course of months, communicating on the Internet and discussing sexually explicit activity. They agreed to meet for the purpose of engaging in sexual activity, and the FBI arrested Messano at the meeting place. When interviewed by FBI agents after his arrest, Messano said that he had been communicating regularly with 15 people on the Internet, and 4 of them (Ashley, Cuddlebear551, Dawn3344, and Ariannaqt) claimed to be minors. During this interview, he never said that he thought Ashley was actually an adult who was role-playing as a minor on the Internet. To the contrary, he said that she was 14 years old and that he wanted to be her first sexual partner.

1. We have reviewed the record and conclude that the district court did not abuse its discretion by excluding as irrelevant the evidence concerning an Internet contact by the name of Cuddlebear551, a minor…