Tomorrow CAAF will hear oral argument in Garner, No. 09-0729/MC, where the granted issue is:  

WHETHER THE COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING APPELLANT’S CONVICTION FOR ATTEMPTING TO ENTICE A MINOR TO ENGAGE IN ILLEGAL SEXUAL ACTIVITY, IN VIOLATION OF 18 U.S.C. SECTION 2422(b), WHERE THE RECORD OF TRIAL FAILED TO SHOW THAT APPELLANT TOOK THE “SUBSTANTIAL STEP” NECESSARY FOR AN ATTEMPT CONVICTION UNDER THE STATUTE.

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