United States v. Rang, 919 F.3d 113

Defendant Robert Rang (mid-20s) cultivated a months-long online relationship with Minor A (age 8–9), communicated via PlayStation and Facebook, exchanged gifts (PlayStation cards, PSN access), and sent explicit sexual messages requesting nudity and masturbation.
Rang obtained Minor A’s home contact information, reserved a hotel near Minor A’s area for a planned visit, and left notes and calendar entries indicating plans and savings goals to travel to see Minor A.
Law enforcement executed a federal search warrant at Rang’s home on December 29, 2014, arrested him, and recorded a 2-hour, 22-minute custodial interrogation during which Rang admitted sending explicit messages, reserving the hotel, and being sexually attracted to minor boys.
Rang moved to suppress statements made during the interrogation; the district court suppressed pre-Miranda statements but denied suppression of statements made after Rang received and waived Miranda warnings. Case proceeded to trial; jury convicted Rang under 18 U.S.C. § 2422(b) for attempted coercion and enticement of a minor.
On appeal Rang challenged (1) the voluntariness/validity of his Miranda waiver given borderline intellectual functioning, and (2) sufficiency of the evidence for attempted enticement/sexual activity.
The First Circuit affirmed: it held Rang validly waived Miranda despite cognitive limitations and that the evidence supported a finding of intent and substantial steps toward illegal sexual contact with the minor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of Miranda waiver	N/A (government) argued waiver was valid	Rang argued his borderline intellectual functioning and momentary statement his "mind's not 100%" prevented a knowing, intelligent, voluntary waiver	Waiver valid: totality of circumstances (repeated warnings, understanding of coercion, coherent answers, prior exposure to Miranda) supported voluntariness
Effect of interrogation length and officer statements	N/A	Long interrogation and officers’ statements implying possible release rendered waiver involuntary or misleading	Not enough to vitiate waiver: officers cautioned he could remain silent; no threats; statements were not affirmative promises of release
Sufficiency of evidence for § 2422(b) attempt	N/A	Rang contended grooming at most sought masturbation or photos, not necessarily physical sexual contact or substantial step	Sufficient: reservations of hotel, pressing caregiver for permission, explicit sexual requests, admissions of attraction showed intent and substantial steps toward illegal sexual contact
Requirement that "sexual activity" include physical contact	N/A	Rang suggested sexual activity might exclude interpersonal contact (or case law conflict)	No need to resolve circuit split: record independently showed intent toward interpersonal sexual contact, so conviction upheld

Colorado v. Connelly, 479 U.S. 157 (mental condition alone does not automatically invalidate voluntariness of waiver)
Moran v. Burbine, 475 U.S. 412 (waiver must be knowing and voluntary; totality of circumstances test)
United States v. Sweeney, 887 F.3d 529 (First Circuit on standards for Miranda waiver)
United States v. Coombs, 857 F.3d 439 (First Circuit: standard of review and diminished capacity does not per se preclude waiver)
United States v. Rosario-Díaz, 202 F.3d 54 (waiver upheld despite low IQ and long interrogation)
United States v. Saldaña-Rivera, 914 F.3d 721 (attempt requires intent and substantial step)
United States v. Berk, 652 F.3d 132 (attempt analysis: intent plus substantial step)
United States v. Fugit, 703 F.3d 248 (Fourth Circuit view on scope of "sexual activity")
United States v. Taylor, 640 F.3d 255 (Seventh Circuit view limiting "sexual activity" to acts involving physical contact)