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.

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)