The following excerpt is from United States v. Lopez, 19-10017 (9th Cir. 2021):
United States v. D'Amelio, 683 F.3d 412 (2d Cir. 2012), is also not "on all fours with this case." See Majority at 39. D'Amelio was a 2422(b) case in which the government was permitted to introduce evidence at trial that the defendant used the internet and telephone conversations to communicate with the supposed underage victim, even though the indictment referred only to the internet as a means of communication. 683 F.3d at 414-15.
Id. at 422 (first alteration in original) (footnote omitted).
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