2023 Supreme(US)(ca7) 202
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
United States – Appellant
Versus
Michael Baird – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 22-1877 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MICHAEL J. BAIRD, Defendant-Appellant. ____________________
Appeal from the United States District Court for the Southern District of Illinois. No. 20-cr-40043 — J. Phil Gilbert, Judge. ____________________
ARGUED OCTOBER 28, 2022 — DECIDED JUNE 7, 2023 ____________________
Before SCUDDER, KIRSCH, and JACKSON-AKIWUMI, Circuit
Judges.
SCUDDER, Circuit Judge. Michael Baird responded to an
online FBI sting operation advertising the opportunity to have
sex with a ten-year-old girl. Believing the ad’s author was the
child’s father, Baird discussed his desired sexual activity in
graphic detail and also offered to bring the child candy as a
gift. Baird drove to the agreed-upon meeting place later that
day only to encounter the FBI and find himself under arrest.
2 No. 22-1877 Federal charges followed under 18 U.S.C. § 2422(b) for at-
tempted enticement of a minor. The district court held a one-
day bench trial and found Baird guilty. We conclude that the
evidence was sufficient to convict and affirm.
I
A
On April 28, 2020, FBI Agent Brian Wainscott posted an ad
on Craigslist that hinted at an opportunity to engage in sexual
activity with a minor. Baird responded to the post during the
middle of the night on May 4. Agent Wainscott, posing as a
man named Codey, claimed to be the father of a ten-year-old
girl with whom Baird could have sex. Baird expressed inter-
est, which prompted a flurry of emails and texts over the next
thirteen hours discussing the opportunity.
Suffice it to say the exchanges between Baird and Wain-
scott were graphic in the extreme. Baird left no doubt about
his desire to have sex with the ten-year-old girl. Eventually
the conversation turned to logistical details. Beyond discuss-
ing where and when to meet, Agent Wainscott suggested that
Baird bring gummy bears as a gift for the child. Baird agreed
to buy the candy on his way over. He then drove to the ad-
dress that Wainscott gave him later that afternoon. Law en-
forcement observed Baird park two houses away from the
designated address. The agents arrested Baird and found
three packages of gummy bears in his car.
B
The federal indictment followed in June 2020. After stipu-
lating to all of the evidence, Baird opted for a bench trial on
the briefs one year later in June 2021. The district court found
No. 22-1877 3 him guilty of attempted enticement of a minor in violation of
§ 2422(b).
In its written decision, the district court focused on
whether Baird had attempted to “knowingly persuade, in-
duce, entice, or coerce” a minor, as required by § 2422(b). The
district court concluded that Baird had done so because he
“inquired into what this child liked sexually, indicated what
he liked and what he would do sexually to this child, re-
quested photographs of the child and continued to engage the
father in conversations about the child.” These messages—alt-
hough conveyed to Agent Wainscott posing as the girl’s fa-
ther—still fell within the scope of § 2422(b). See United States
v. McMillan,