Entrapment- Enticement of a minor

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7^th Circuit Court of Appeals

Case Name: United States of America v. Rafael Mercado Berrios

Case No.: 21-3062

Officials: Easterbrook, Wood, and Brennan, Circuit Judges.

Focus: Entrapment- Enticement of a minor

Rafael Mercado used an Internet application to meet “Alexis,” a profile operated by a trained FBI agent conducting an undercover investigation of adults with sexual interest in children. After a few minutes of texting, “Alexis” told Mercado she was 15 years old. For the next five days they texted, exchanged photos, and once spoke by phone. They arranged to meet at a house which turned out to be an FBI operations center. When Mercado arrived, he was arrested. After Mercado exhibited health problems, he was taken to a hospital and administered medication. Later, he was interviewed at the hospital, waived his Miranda rights, and made some inculpatory admissions. Mercado was charged in a two-count indictment with attempted enticement of a minor in violation of 18 U.S.C. § 2422(b) and use of interstate facilities to attempt to transmit information about a minor in violation of 18 U.S.C. § 2425. He opposed a government motion to preclude an entrapment defense, but the district court ruled against him. On appeal Mercado challenges the district court’s rulings, arguing there was sufficient evidence to warrant an entrapment jury instruction. He also contends his suppression motion should not have been denied because he did not validly waive his Miranda rights. He further submits that his statements were involuntary as he was under the influence of drugs when he talked to the agent.

Affirmed.

Decided 11/18/22

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