United States v. Jayavarman

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A defendant attempts to produce and transport a visual depiction of a minor engaged in sexually explicit conduct when he believes that the victim is a minor, regardless of the victim's actual age. In this case, the Ninth Circuit affirmed defendant's conviction for attempt to produce and transport into the United States a visual depiction of a minor engaged in sexually explicit conduct (Count 1B); vacated defendant's conviction for attempt to aid and abet travel with intent to engage in illicit sexual conduct (Count 2B) because the statute does not proscribe an attempt to aid and abet such travel; and vacated defendant's sentence as to Count 1B and 2B. Accordingly, the court remanded for resentencing. View "United States v. Jayavarman" on Justia Law