Goodwin v. United States, No. 16-1669 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his conviction for attempted transportation of a minor with intent to engage in sexual activity under the Mann Act, 18 U.S.C. 2423. The court rejected defendant's contention that his proposed sexual activity was legal in Texas under Texas Penal Code 43.25(b). In this case, the victim's age at the time of defendant's inducement -- 17 years old -- brought defendant's conduct within section 43.25(b). Furthermore, defendant's attempted inducement of the victim was not protected speech because it was used as an integral part of conduct in violation of a criminal statute.
Court Description: Benton, Author, with Shepherd, Circuit Judge, and Strand, District Judge] Prisoner case - Habeas. For the court's opinion in Goodwin's direct appeal, see United States v. Goodwin, 719 F.3d 857 (8th Cir. 2013). Goodwin's attempted inducement of the minor victim is not First Amendment protected speech because it was used as an integral part of conduct in violation of a valid criminal statute.
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