Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Becky S. Walker, Esq., USLA--Office of the U.S. Attorney Criminal Division, Los Angeles, CA, Anne Gannon, Esq., USSA--Office of the U.S. Attorney, Santa Ana, CA, for Plaintiff-Appellee.
Vicki I. Podberesky, Esq., Nasatir Hirsch Podberesky & Genego, Santa Monica, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Central District of California, Gary L. Taylor, District Judge, Presiding. D.C. No. CR-04-00083-GLT.
Before: HAWKINS, GRABER, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Elias George Shahin ("Shahin") appeals his guilty plea conviction under 18 U.S.C. § 2422(b) for attempting to knowingly induce a minor to engage in criminal sexual activity, arguing (1) he did not commit the charged offense because he corresponded with an adult undercover agent, rather than an actual minor, and (2) legal impossibility. We affirm.
Because "an actual minor victim is not required for an attempt conviction under 18 U.S.C. § 2422(b)," United States v. Meek, 366 F.3d 705, 717 (9th Cir.2004) (internal quotation marks omitted), Shahin's first claim is unavailing. Nor is Shahin's legal impossibility defense meritorious. Legal impossibility exists when a defendant's intended acts, even if completed, would not amount to a crime. United States v. McCormick, 72 F.3d 1404, 1408 (9th Cir.1995). Here, such a defense is inapposite because Shahin's intended action--performing sexual acts on a minor--was criminal.
AFFIRMED.