United States v. Donald Lamoureaux, 669 F. App'x 810

Defendant Donald W. Lamoureaux entered a conditional guilty plea to attempting to persuade a minor to engage in sexual activity under 18 U.S.C. § 2422(b), preserving his right to appeal denial of a motion to dismiss the superseding indictment.
In an online chat room, Lamoureaux communicated with an account purporting to be "Joann," who claimed to have a four-year-old daughter; Joann was an undercover officer.
Over about a month, Lamoureaux exchanged numerous messages and phone calls expressing his desire to have sexual contact with the purported child.
Lamoureaux agreed to drive from Arkansas to Missouri to meet Joann and her alleged child at a hotel; he was arrested upon arrival.
Lamoureaux argued the indictment should be dismissed because communications with an adult intermediary cannot, by themselves, constitute an attempt to entice a minor under § 2422(b).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether communications with an adult intermediary can constitute an attempt to entice a minor under § 2422(b)	Communications with an adult cannot form the substantive basis for an attempt to entice a minor	Conversations with an adult intermediary can be a substantial step toward enticing a minor and thus support an attempt charge	Affirmed: communications with an adult intermediary may constitute a substantial step and support an attempt liability under § 2422(b)

United States v. Spurlock, 495 F.3d 1011 (8th Cir. 2007) (conversations with an adult intermediary were a substantial step toward enticing minors)
United States v. Murrell, 368 F.3d 1283 (11th Cir. 2004) (statute would be circumvented if intermediaries insulated defendants from liability)
United States v. Williams, 720 F.3d 674 (8th Cir. 2013) (de novo review standard referenced)