United States v. Wagner, No. 15-3265 (7th Cir. 2017)Annotate this Case
Wagner responded to "Holly's" internet advertisement. “Holly” was actually an undercover federal officer. Wagner stated that he was 39. Holly replied that she was only 14 and trying to earn $300. Wagner told Holly he wanted to meet her and stated he was “clean and unable to get [her] pregnant.” After Holly failed to show for a planned rendezvous, Wagner messaged her every day. Wagner was not charged with any crime based on that conduct. He later engaged in chats with another undercover officer, posing as 15-year-old "Jen," during which he discussed the need for a fake i.d., and secrecy and sexual positions. He was arrested at a planned meeting. Agents discovered condoms and bed sheets in Wagner’s truck and internet searches for “Girls First Time Having Sex” on his computer. Wagner was convicted of knowingly attempting to persuade or induce a minor (Jen) to engage in illegal sexual activity, 18 U.S.C. 2442(b). He was sentenced to 132 months’ imprisonment followed by 12 years of supervised release. His guidelines range incorporated uncharged conduct under U.S.S.G. 2G1.3(d)(1). The Seventh Circuit vacated the sentence. The uncharged conduct meets the guidelines’ definition of relevant conduct and was properly included. The district court provided sufficient reasoning for imposing a condition requiring his participation in computer monitoring. A condition limiting Wagner’s access to adult pornography, however, was poorly written and unclear.