United States v. Joseph R. Gabourel

206 F. App'x 647

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 22, 2006
• Docket: 06-2108
• Status: Unpublished

Opinion

PER CURIAM.

Joseph R. Gabourel entered a conditional plea of guilty to using the Internet to attempt to entice a minor to engage in illegal sexual activity in violation of 18 U.S.C. § 2422(b), preserving the right to appeal the district court’s 1 denial of his motion to dismiss the indictment based on the defense of legal impossibility. The “minor” Gabourel solicited was an undercover police officer posing as a minor. Gabourel contends § 2422(b) requires the victim to be an actual minor.

This same contention has since been squarely addressed and rejected in United States v. Helder, 452 F.3d 751, 756 (8th Cir.2006) (“[W]e hold that an actual minor victim is not required for an attempt conviction under § 2422(b)”); see also United States v. Hicks, 457 F.3d 838, 841 (8th Cir.2006) (following Helder). Following Helder, we affirm the district court.

1 . The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.