In United States v. Williams, --- F.4th ---, No. 24-5792 (9th Cir. 2026), the Court affirmed Koby Don Williams’s conviction for attempted online enticement of a minor in violation of 18 U.S.C. § 2422(b), vacated his sentence, and remanded for resentencing.
Williams was a United States Immigration and Customs Enforcement officer who claimed, after arrest, that he was conducting a human trafficking investigation. On appeal, he challenged the sufficiency of the evidence supporting his conviction and argued that the government failed to preserve and produce material exculpatory evidence. Williams also maintained, and the government agreed, that the district court erroneously applied an obstruction of justice sentence enhancement pursuant to U.S.S.G. § 3C.1.1 without making the required specific findings of falsity, materiality, and willfulness.
Williams challenges the sufficiency of the evidence to support his conviction because, he argues, Section 2422(b) required the government to show that he attempted to “transform or overcome the will of a minor.”Section 2422(b)’s mens rea “is subjective—it is what is in the mind of the defendant.” We have repeatedly held that “[t]he victim’s willingness to engage in sexual activity is irrelevant.”Reviewing this claim in the light most favorable to the United States, we conclude that a “rational trier of fact could have found the essential elements of the crime [of attempted enticement] beyond a reasonable doubt,” including the contested element of knowing persuasion, inducement, enticement, or coercion. The evidence is compelling. Pretending to be “Rebecca,” Martinez “told [Williams her] age.” See Meek, 366 F.3d at 720. Williams, in turn, “used money as a negotiating tool to persuade” a person who, again, repeatedly told him that she was underage, to have sex with him. See Eller, 57 F.4th at 1120–21. His negotiation extended to bargaining with “Rebecca” about the cost and kinds of sex acts that the illicit transaction would include.A reasonable jury could have found that these actions, taken together, constitute persuasion, inducement, enticement, or coercion.Williams’s conduct more than crossed [the] line. His entreaties advanced the criminal purpose of enticement of a minor, and his conduct verified the existence of that purpose. See Goetzke, 494 F.3d at 1235–36. Williams “initiate[d] conversation with” someone representing herself as a minor and “propose[d] a rendezvous to perform” certain sexual acts, which he attended. Id. at 1237. Following up on his discussion of payments, he made a substantial cash withdrawal from a bank and brought the money to the meeting. See Eller, 57 F.4th at 1120–21. He traveled two hours to Othello, Washington, to meet with “Rebecca.” See Meek, 366 F.3d at 720 (“extensive sexual dialog, . . . repeated sexual references, . . . [and] travel to meet the minor” can constitute a substantial step). When he was arrested, Williams had $4,075 in cash, two large bottles of vodka, and generic Viagra in his car. The jury, as a reasonable factfinder, could—and did—conclude that Williams took a substantial step toward completing the offense.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. Whatever intuitive appeal Williams’s interpretation may have in other circumstances, it finds no foothold in the language of Section 2422(b). The jury therefore only needed to find that Williams knowingly attempted to persuade, induce, entice, or coerce “Rebecca” to engage in sexual acts with him, and not that “Rebecca” had any particular mental state, which Williams transformed or overcame.Williams contends for the first time on appeal that the government’s failure to produce the “missing published decoy advertisement” denied him his right to present a defense because that advertisement was exculpatory and material under Brady and Trombetta. Williams never states whether the “missing published decoy advertisement” is the Warning in Moses Post or the Yours or Mine Post. At oral argument, he stated that he was referring to both. We identify no viable Brady claim regarding either post.The government agrees with Williams that the district court committed reversible sentencing error because it did not make explicit findings that his testimony was false, material, and willful. The alleged perjury concerns Williams’s assertions that he did not intend to engage in sexual acts with a minor, that he saw the Yours or Mine Post, which included the law enforcement number also listed in the Warning in Moses Post, and that he never believed “Rebecca” was a minor.Perjury becomes an obstruction of justice when “(1) the defendant gave false testimony, (2) on a material matter, (3) with willful intent.” United States v. Castro-Ponce, 770 F.3d 819, 822 (9th Cir. 2014) (quoting United States v. Garro, 517 F.3d 1163, 1171 (9th Cir. 2008)). In perjury cases like this one, “the express requirement for a finding of ‘willful intent’ means an intent to obstruct justice by lying under oath.” United States v. Ho-Romero, 167 F.4th 1037, 1046 (9th Cir. 2026). The Supreme Court has instructed that “if a defendant objects to a sentence enhancement resulting from her trial testimony, a district court must review the evidence and make independent findings necessary to establish a willful impediment to or obstruction of justice.” United States v. Dunnigan, 507 U.S. 87, 95 (1993). In the absence of those findings, Williams’s sentence must be vacated.
