Strater

United States v. Strater

Good Law
150 F. App'x 610
United States Court of Appeals for the Ninth CircuitSeptember 16, 2005No. 04-10427California533 words

Opinion

Lead Opinion

MEMORANDUM **

Dirk Thomas Strater appeals his jury trial conviction for attempted coercion and enticement of a minor, in violation of 18 U.S.C. § 2422 (b), and travel with intent to engage in illicit sexual conduct, in violation of 18 U.S.C. § 2423 (b). Strater was caught in a sting operation initiated by local police in an adult romance chat room on Yahoo.com. Strater argues (1) that he was entrapped and (2) that the district judge should have granted a mistrial because a group of high school seniors attended a brief portion of the trial. We affirm.

I. ENTRAPMENT

Sufficient evidence supports the jury’s finding that Strater was not entrapped. 1 Viewing the evidence in the light most favorable to the government, the jury could have reasonably found in favor of the government as to the issues of inducement and predisposition. United States v. Poehlma'n, 217 F.3d 692, 698 (9th Cir.2000). Detective Heydon did not exert overt pressure on Strater or otherwise persuade him to attempt to engage in sexual conduct with a minor. She merely provided the opportunity to Strater. See id. at 701 (quoting United States v. Gendron, 18 F.3d 955, 961 (1st Cir.1994)) (“An ‘inducement’ consists of…

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