United States v. Jelani Amiri Petersen
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 13, 2026
Docket25-13589
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-13589
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JELANI AMIRI PETERSEN,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:25-cr-00018-AW-MAF-1
____________________
Before BRANCH, LUCK, and LAGOA, Circuit Judges.
PER CURIAM:
Jelani Petersen appeals his conviction for attempting to
entice a minor to engage in unlawful sexual activity in violation of
18 U.S.C. § 2422(b). He argues that the district court erred when it
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granted the government’s motion in limine and refused to instruct
the jury on the affirmative defense of entrapment. After review,
we affirm.
I. Background
In September 2024, federal and state law enforcement in
Tallahassee, Florida conducted a multi-agency undercover
operation to apprehend individuals seeking to engage in unlawful
sexual activity with minors. As part of that operation, law
enforcement posted advertisements on known prostitution
websites. When someone responded, an undercover agent—
posing as an underage girl—would ask the person to meet at a
predetermined location. Law enforcement would then place the
person who arrived under arrest.
On the night of September 5, 2024, Petersen responded to
one of the government’s posts of a 19-year-old girl on “Skip the
Games,” a website that hosts advertisements for prostitution.
Unbeknownst to Petersen, he started texting with an undercover
agent who represented that the girl’s age was actually 14. Their
conversation reads as follows:
Petersen: Are you available?
Agent: hiii
Agent: ya i am
Petersen: How much for a [quick visit]?
Agent: 60
Petersen: Wya , and have you ever did anal before ?
Agent: im by n monroe
Agent: ya once
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Petersen: Can we ?
Agent: im down
Agent: u okay if im 14??
Agent: im chill tho
Petersen: Are you serious ? Send me a picture
Agent: ya why haha
Agent: u first then i will
Petersen: You said you down I’m just curious
Petersen: But nvm I can just pull up on you .
Agent: okkk
Agent: u wanna do anal
Petersen: Addy?
Petersen: Yea
Agent: okk lemme shower [real quick]
Agent: can u scoop me from gas station
Petersen: What gas station ?
Agent: let me look and ill shoot it to u
Petersen: K
Agent: im about to get out of the shower
Agent: can u bring condoms
Petersen: Aite
Petersen: Yea
Agent: can u scoop me from [the] sunstop [gas
station]
Agent: it says 3500 n monroe
Petersen: Aite I’m like 35 minutes away tho
Agent: bet
Petersen: Or is that too long to wait
Agent: lmk when ur 10 min and ill walk there
Petersen: Okay , you stay w your parents ?
Agent: i am visiting my step dad but hes at gf’s house
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Petersen: You got Apple Pay ?
Petersen: Or cash app
Agent: ya i do
Petersen: Ok
Petersen: You’re pretty, have you f***ed a black guy
before ?
Agent: nope ud be the first haha
Agent: thxxx
Agent: what do u look like
Petersen: And how long your stepdad going to be
out ? And im decent , I’m lowkey scared to send a pic
because you’re 14 , so I rather just see you in person .
I’m older so ion wanna get caught up ya know , I’m
in my 20s not too old .
Agent: hes gone for the night at gf’s. he wont be
home til tomorrow.
Agent: and okk
Agent: r u on ur way
Petersen: Can I send you an Uber instead ?
Agent: thats sketch
Agent: i dont wanna do that
Petersen: Actually nvm
Agent: What
Petersen: But yeah I’m otw , you know a spot or do
you wanna go to a park
Agent: okk lmk when ur 10 away
Agent: park is straight
Petersen: Okay
Agent: im lexie btw
Agent: how far does it say
Petersen: I actually just about to get in car
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Petersen: Nice meeting you Lexie
Petersen: You know what , can I just come see you
tomorrow ? Ima be on that side of town
Agent: u playing
Petersen: Well can we change the address . It be too
much police out there sometimes at sunspot
Agent: okk let me see
Agent: idk where else to go but i can tell u when i get
there if i see any [before] u pull up
A few minutes later, Petersen messaged the person he
thought was “Lexie” that he was on his way to the SunStop gas
station.
Petersen: Okay I’m otw
Agent: okk lmk when ur 10 away and ill walk over let
u kno
Petersen: Okay
Petersen: How far are you from the gas station
Agent: im close. I can check for cops now
Agent: how far r u
Petersen: Almost there . Like 12 minutes
Petersen: And yes check [please]
...
Agent: ok give me just a min im checking
Petersen: How’s it’s looking
Agent: there was this car that just left and a gas
truck but no cops
Petersen: You still there ?
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Agent: ya im inside
Petersen: Okay come outside , I’m around the
corner by the truck
Agent: okk
Agent: coming out of bathroom
Petersen: Aite
When Petersen arrived at the SunStop gas station, law
enforcement arrested him. Police then searched Petersen’s car,
where they found his cellphone, wallet, driver’s license, and
condoms. A forensic analysis of Petersen’s cell phone showed that
it was used to communicate with the undercover agent about the
illegal sexual encounter.
A grand jury returned an indictment charging Petersen with
one count of attempting to entice a minor to engage in sexual
activity in violation of 18 U.S.C. § 2422(b). Petersen pleaded not
guilty and proceeded to trial with the intention of relying on the
affirmative defense of entrapment. The government moved in
limine to preclude Petersen from raising his entrapment defense,
arguing that no government inducement occurred which would
support the defense. After a hearing, the district court granted the
government’s motion because Petersen had failed to identify
sufficient evidence that the government induced him to violate §
2422(b). Petersen renewed his request for an entrapment
instruction at trial, but the district court again refused. The jury
convicted Petersen, and he was sentenced to 120 months’
imprisonment followed by five years of supervised release. This is
his appeal.
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II. Standard of Review
Generally, we review “a district court’s grant of a
government’s motion in limine [for an] abuse of discretion.” United
States v. Thompson, 25 F.3d 1558, 1563 (11th Cir. 1994). However,
we review the refusal of a district court to instruct the jury on
entrapment de novo. United States v. Dixon, 901 F.3d 1322, 1346
(11th Cir. 2018); see also United States v. Mayweather, 991 F.3d 1163,
1174 n.13 (11th Cir. 2021) (“Whether a defendant is entitled to an
entrapment instruction depends on whether there is sufficient
evidence from which a reasonable jury could find entrapment, and
the sufficiency of the evidence is a legal question that we review de
novo.” (quotations omitted)).
III. Discussion
Entrapment is an affirmative defense that consists of two
elements: government inducement of the crime and a lack of
predisposition on the part of the defendant. Dixon, 901 F.3d at
1346. The defendant bears the initial burden of production to show
government inducement. Id. A defendant can meet this burden
“by producing any evidence sufficient to raise a jury issue that the
government’s conduct created a substantial risk that the offense
would be committed by a person other than one ready to commit
it.” Id. (alterations adopted) (quotations omitted). If the defendant
satisfies his burden, “he is entitled to have his defensive theory of
the case put before the jury with appropriate instructions from the
trial judge.” Mayweather, 991 F.3d at 1176 (alterations adopted)
(quotations omitted).
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On appeal, Petersen argues that he satisfied his burden to
show government inducement based on two relevant facts. First,
the government placed an advertisement for a 19-year-old girl on a
prostitution website “known . . . to be used by adults.” Second,
after Petersen asked the undercover agent—who Petersen believed
was an underage girl named “Lexie”—whether they could meet
the next day instead, the agent “coerce[d] [him] to remain engaged
in the conversation” and to drive to the SunStop gas station by
texting him “u playing” thereby “rop[ing] [him] back into the
conversation.”
Neither interaction shows that the government
manipulated or coerced Petersen to commit an offense he would
not have otherwise committed.
The government’s online advertisement may have created
the circumstances that led to Petersen’s arrest, but “a defendant
must prove more than that the government . . . provided the
opportunity for the crime” to establish inducement. Cannon, 987
F.3d at 943 (quoting United States v. West, 898 F.2d 1493, 1502
(11th Cir. 1990)). Instead, a defendant must “show ‘an element of
persuasion or mild coercion,’ in other words, ‘opportunity plus
something like excessive pressure or manipulation of a
non-criminal motive.’” Id. (quoting United States v. Brown, 43 F.3d
618, 623 (11th Cir. 1995)). Petersen has not made such a showing.
Petersen’s second argument fails for a similar reason. After
Petersen asked the undercover agent whether they could meet the
next day and the agent texted back “u playing,” Petersen
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responded, “[w]ell can we change the address . . . [i]t be too much
police out there sometimes at sunspot.” These text messages
support the district court’s conclusion that Petersen never
abandoned his freestanding intent to engage in sex acts with a
person he believed was a 14-year-old girl, but rather that he only
wished to avoid detection by police.
Because Petersen failed to produce sufficient evidence that
the government induced him to violate § 2422(b), the district court
did not err when it granted the government’s motion in limine and
refused to instruct the jury on entrapment.
IV. Conclusion
We affirm Petersen’s conviction.
AFFIRMED.