U.S. v. Poehlman

217 F.3d 692 (2000)

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U.S. v. Poehlman

United States Court of Appeals for the Ninth Circuit
217 F.3d 692 (2000)

Facts

Mark Poehlman (defendant) had a failed marriage and had been discharged from the United States Air Force on account of his proclivity for cross-dressing. Poehlman began seeking women through the internet for long-term relationships or marriage who would be understanding of his sexual interests. He began corresponding with “Sharon,” a woman who posted that she was a divorced mother of three young girls whose family had “unique needs.” Sharon was in fact an undercover police officer who was engaged in sting operations targeting sexual predators of children. For the first few weeks of their email exchanges, Sharon sent Poehlman purposely vague emails with sexual overtones about her young daughters that became increasingly more suggestive. Sharon eventually revealed to Poehlman that she was looking for a man to act as a sexual teacher to her daughters and that she was not interested in having a sexual relationship with Poehlman herself but hoped he would take on this illicit role within her family. Poehlman responded with increasingly explicit replies, stating that he would be willing to take on this role, but continued to express interest in a relationship with Sharon herself, including offering to marry her and form a family. After six months of emails, Poehlman traveled from his home in Florida to California to meet Sharon and her purported daughters. Poehlman was arrested when he met Sharon at a hotel. Poehlman was convicted of attempted lewd acts with a minor under California law and served a year in state prison. Two years after his release, Poehlman was charged with federal crimes for the same incident. Poehlman was convicted of crossing state lines to engage in sex acts with a minor and sentenced to more than 10 years in prison. Poehlman appealed, alleging that he had been entrapped by the government.

Rule of Law

Issue

Holding and Reasoning (Kozinski, J.)

Dissent (Thompson, J.)

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