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United States of America v. Randall Allen Herbst

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Submitted: September 22, 2011

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

Randall Allen Herbst appeals his conviction following a jury trial of one count of attempting to entice a minor to engage in illicit sexual activities, in violation of 18 U.S.C. § 2422(b). Herbst claims the district court*fn1 erred in denying his motion to dismiss the indictment on Speedy Trial Act grounds, in refusing to give the jury an entrapment instruction, and in denying a post-judgment motion for a new trial based on newly discovered evidence. He also asserts that there is insufficient evidence to support his conviction because there was no proof that he performed a substantial step towards completion of the crime. We affirm.

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