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“Role Playing” in Cybersex Conversations Could be a Legitimate Defense in § 2422(b) Internet Solicitation Cases By: Houston Criminal Defense Lawyer John Floyd and Mr. On September 9, 2008 the United States Court of Appeals, Second Circuit, reversed the conviction based on an erroneous instruction the trial judge gave to the jury. After a seven-day trial in April 2006, a mistrial was declared when the jury was unable to reach a verdict.