United States v. York, No. 21-2901 (7th Cir. 2022)
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FBI Agent Wainscott posted an advertisement on Craigslist: “Bored No School looking to make $ for favors,” intending to identify adults interested in having sexual contact with a minor. York, a 51-year-old correctional officer, responded. Agent Wainscott became “Brionica,” a 15-year-old girl. York responded: “I can’t do anything but look at you [sic] sexy picks with clothes on.” The two continued to converse. York eventually discussed the sexual acts he wanted to perform with “Brionica.” York told “Brionica” that he would travel to meet her but would not do anything sexual during their first meeting because she was “very young,” and he did not want to go to jail. On the day of the meeting, York drove around for 18–20 minutes looking for “Brionica.” Agents arrested him near the planned meeting location. During a post-arrest interview, York stated that he was looking for “Brionica” because he is “a curious person.”
York was charged with attempted enticement of a minor to engage in sexual activity, 18 U.S.C. 2422(b), and attempted use of interstate facilities to transmit information about a minor, 18 U.S.C. 2425. The court submitted the case to the jury, with an entrapment defense instruction. The jury convicted York on both counts. The court sentenced York to the mandatory 120 months’ imprisonment for Attempted Enticement. The Seventh Circuit affirmed, rejecting a challenge to the sufficiency of the evidence.
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