United States v. Riepe, No. 16-1929 (8th Cir. 2017)Annotate this Case
The Eighth Circuit affirmed defendant's conviction of attempted enticement of a minor, holding that the evidence was sufficient to support the jury's verdict. Even if some of defendant's text messages indicated that he did not intend to have sex with the minor immediately after their meeting, the evidence would still be sufficient to demonstrate his intent despite such a willingness to delay the sexual activity. The court also concluded that the district court did not abuse its discretion by admitting evidence under FRE 404(b) of defendant's contacts with two other minors. In this case, the evidence related to defendant's plan, knowledge, and preparation; the district court gave a limiting instruction; and the introduction of the evidence ultimately did not have a substantial and injurious effect or influence in determining the jury's verdict.