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2022 Supreme(US)(ca7) 347

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Jackson-Akiwumi
United States – Appellant
Versus
Jeffrey York – Respondent



United States Court of Appeals For the Seventh Circuit ____________________ No. 21-2901 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEFFREY JAY YORK, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Southern District of Illinois. No. 4:20-CR-40050-DWD-1 — David W. Dugan, Judge. ____________________

ARGUED FEBRUARY 24, 2022 — DECIDED AUGUST 31, 2022 ____________________

Before ROVNER, KIRSCH, and JACKSON-AKIWUMI, Circuit Judges. JACKSON-AKIWUMI, Circuit Judge. A jury convicted Jeffrey Jay York of attempting to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b), and attempting to use interstate facilities to transmit information about a minor, in violation of 18 U.S.C. § 2425. The charge was based on York’s communications with 15-year-old “Brionica,” who was really an FBI agent. York claimed entrapment, arguing that 2 No. 21-2901 the government induced him and that he lacked the predis- position to commit the crimes. The jury rejected this defense. On appeal, York raises sufficiency of the evidence challenges. But we find the evidence sufficient to support York’s convic- tions and affirm. I In March 2020, FBI Agent Brian Wainscott created an un- dercover account and posted an advertisement in the “Missed Connections” section of Craigslist. The advertisement read: “Bored No School looking to make $ for favors.” The post did not include details about the poster’s sex, age, or name, but it was intended to identify adults interested in having sexual contact with a minor. York, a 51-year-old correctional officer, responded to the advertisement. In his first message, York asked whether the post was from a male or female and inquired about the favors being offered. Agent Wainscott became “Brionica James,” and told York that he was a 15-year-old girl living in Marion, Illi- nois. After Wainscott told York he was a 15-year-old girl, York responded: “I can’t do anything but look at you [sic] sexy picks with clothes on.” But indicated that he would continue to exchange messages with “Brionica.” “Brionica” told York that she wasn’t interested in just talking, and York responded: “Believe me I know. You are a very beautiful sexy thing … You never know where it might end up. I have to get to know you since you’re so young. I love your eyes and those sexy lips.” The conversation continued. The next day, York initiated conversation with “Brionica.” York asked “Brionica” about her sexual history, whether she No. 21-2901 3 lived with her parents, and how she got out of the house to “hook up” with older men. York asked “Brionica” about sex toys, sexual positions, and her favorite sexual activity. He then suggested that she send him a sexually suggestive pic- ture. York wrote: “Well you are young. I want to know that you are real. Lay a quarter on your boob and take a pic. You could have sent me a fake pic or you could even be a guy. Or a cop.” In response, Agent Wainscott sent York a legal, non-child pornographic image from his work archives that was like the image York requested. Satisfied with the photo, York pro- ceeded to discuss the sexual acts he wanted to perform with “Brionica.” York wrote: I want to suck on ur hard nipples then kiss my way down ur belly then tongue f*** your slick juicy p**** until you explode on my face then kiss and nibble on ur inner thighs while you catch your breath then make you c** again. When “Brionica” responded “Yes” and asked “when,” York suggested that they meet at a public place. York continued to discuss meeting arran

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