United States v. Herbst, No. 10-3867 (8th Cir. 2012)Annotate this Case
Defendant appealed his conviction of attempting to entice a minor to engage in illicit sexual activities. The court rejected defendant's assertion that the district court erred in excluding two specific periods of time for purposes of the Speedy Trial Act, 18 U.S.C. 3161-3174, and held that the district court properly denied defendant's motion to dismiss his indictment. The district court also held that the government presented sufficient evidence from which the jury could convict defendant for attempting enticement of a minor; the evidence presented at trial clearly demonstrated that defendant was predisposed to commit this crime, and thus the district court properly denied his request for an entrapment instruction; and the district court did not abuse its discretion in denying defendant's motion for a new trial. Accordingly, the judgment was affirmed.