Whether the Ninth Circuit decision that 'purely hypothetical' emails can support a conviction for violation of 18 U.S.C. §2422(b) (attempted enticement of a minor) conflicted with the Seventh Circuit decision in United States v. Gladish, 536 F.3d 646 (7th Cir. 2008)

Questions Presented Whether the Ninth Circuit decision that “purely hypothetical” emails can support a conviction for violation of 18 U.S.C. §2422(b) (attempted enticement of a minor) conflicted with the Seventh Circuit decision in United States v. Gladish, 536 F.3d 646 (7th Cir. 2008) (“Treating speech ... as the ‘substantial step’ would abolish any requirement of a substantial step”). Whether the Ninth Circuit’s reliance on “purely hypothetical” emails to support a violation of §2422(b) renders the statute unconstitutionally vague in violation of the Due Process Clause and violates the First Amendment. iv Statement of