DEJESUS MARTINEZ

v.

UNITED STATES

Citator

Cited By

• United States v. Murrell, 368 F.3d 1283 (11th Cir. 2004)
  …22(b) does not otherwise encompass his conduct because, in his view, one must communicate directly with a minor or supposed minor in order to violate the statute. We disagree. In United States v. Root, 296 F. 3d 1222 (11th Cir.2002), cert. denied, 537 U.S. 1176, 123 S.Ct. 1006, 154 L.Ed.2d 921 (2003), we upheld an attempt conviction under § 2422(b) where a defendant believed he was communicating with a minor, but was actually communicating with an undercover government agent. Id. at 1227-28. Murrell cont…
• United States v. Ferrys Harvey Miranda, 348 F.3d 1322 (11th Cir. 2003)
  …must establish that the defendant: (1) has the required intent or mens rea; and (2) took actions that constituted a "substantial step toward the commission of the crime.” United States v. Root, 296 F. 3d 1222, 1227-28 (11th Cir.2002), cert. denied, 537 U.S. 1176, 123 S.Ct. 1006, 154 L.Ed.2d 921 (2003). Specifically, this Court stated that [t]his circuit has long held that to convict a defendant of the crime of attempt, the government need only prove (1) the defendant was acting with the kind of culpability…