Dennis Michael Wilkerson v. United States

Whether a criminal defendant may be convicted for a violation of 18 U.S.C. § 2422(b) where there is no evidence of any communications, either directly or indirectly through an adult intermediary, that establish a defendant’s intent to entice a fictitious minor by means of interstate commerce?

Whether a criminal defendant may be convicted for a violation of 18 U.S.C. § 2422(b) where there is no evidence of a substantial step toward causing a minor’s assent to engage in sexual activity using interstate communications and where Defendant took no such substantial step?

Whether a Federal District Court may disregard controlling state law on the elements of a state crime and find that the defendant’s actions constituted a state criminal offense where the evidence establishes otherwise?

Whether the application of two-level and a fivelevel sentencing enhancement under Sentencing Guidelines §§ 3D1.4 and 4B1.5(b) is authorized where there is insufficient evidence to establish that a defendant “engaged in a pattern of activity involving prohibited sexual conduct” and where the offense for which the defendant was convicted is not a covered offense under the enhancement and therefore is inapplicable?