Koby Don Williams, a United States Immigration and Customs Enforcement supervisor, was convicted under 18 U.S.C. § 2422(b) for attempting to entice "Rebecca," an undercover persona created by Detective Eduardo Martinez. Between July 23 and July 26, 2022, Williams exchanged nearly 100 text messages with the fictional minor, negotiating payment up to $2,500 for sex despite being repeatedly told she was 13 years old.
Writing for a unanimous panel, Circuit Judge M. Margaret McKeown rejected Williams's argument that the statute required proof he sought to "transform or overcome the will of a minor." The court held that "the four verbs in Section 2422(b), with their overlapping but distinct meanings, reflect Congress's effort to capture a range of influencing conduct, which is criminal whether the minor was willing or resistant."
Williams had claimed at trial that he never believed Rebecca was actually a minor and that he obtained her phone number from a different Craigslist post that didn't mention her age. The government maintained that this alternative post never existed. McKeown wrote that "the jury was entitled to reject his testimony."
The panel found Williams's revelation of his law enforcement status particularly significant, noting it could reasonably be seen as coercive, signaling "that Williams was both willing to sacrifice a lot to have sex with her, and that he could use his authority as a law enforcement officer to harm her if she did not comply."
However, the court vacated Williams's 135-month sentence after the government conceded error regarding an obstruction of justice enhancement. The district court had applied a two-level sentencing enhancement under U.S.S.G. § 3C.1.1 based on allegations that Williams committed perjury at trial, but failed to make the required explicit findings that his testimony was "false, material, and willful."
Williams was arrested at the planned meeting location with $4,075 in cash, generic Viagra, and two large bottles of vodka. The court noted that after his arrest, Williams falsely claimed that he was conducting a human trafficking investigation.