The U.S. Court of Appeals for the Second Circuit affirmed the conviction and sentence of David C. Lettieri on charges of attempting to persuade, induce, or entice a minor to engage in unlawful sexual activity. The three-judge panel issued a non-precedential summary order on Jan. 20, 2026, in case number 24-1594.
The appeals court panel consisted of Circuit Judges Guido Calabresi, Reena Raggi, and Eunice C. Lee. The judges heard the appeal at the Thurgood Marshall United States Courthouse in New York City.
Lettieri was originally convicted after a jury trial in the U.S. District Court for the Western District of New York. District Judge Lawrence J. Vilardo presided over the trial court proceedings, which culminated in a June 11, 2024 judgment.
The case centered on federal charges under laws prohibiting attempts to persuade minors to engage in unlawful sexual activity. While the full details of the underlying conduct are not specified in the appeals court order, such charges typically involve online communications or other efforts to solicit minors for illegal sexual purposes.
Lettieri was represented on appeal by attorneys Murdoch Walker II and Bingzi Hu from Lowther Walker LLC in Atlanta, Georgia. The government was represented by Assistant U.S. Attorney Monica J. Richards, appearing for Michael DiGiacomo, the U.S. Attorney for the Western District of New York, based in Buffalo.
The Second Circuit's ruling came in the form of a summary order, which the court explicitly noted "do not have precedential effect." Under Federal Rule of Appellate Procedure 32.1 and the Second Circuit's Local Rule 32.1.1, such summary orders may be cited in court filings but must include the notation "summary order" and be served on unrepresented parties.
Summary orders are typically used by federal appeals courts for cases that do not involve novel legal questions or require extensive written analysis. The brief nature of the order suggests the appeals court found no reversible error in the district court proceedings.
The affirmance means Lettieri's conviction and sentence remain intact. Federal sentences for crimes involving attempts to exploit minors can carry significant prison terms, though the specific sentence in Lettieri's case was not detailed in the appeals court order.
Cases involving alleged exploitation of minors have become increasingly common in federal courts as law enforcement agencies have expanded their focus on online crimes targeting children. Federal prosecutors often pursue such cases under various statutes designed to protect minors from sexual exploitation and abuse.
The Western District of New York, where the original case was prosecuted, covers a large geographic area including Buffalo, Rochester, and surrounding regions. The district has been active in pursuing cases involving crimes against children, particularly those facilitated by internet communications.
Lettieri's legal team had approximately seven months to prepare their appellate brief after the district court judgment was entered in June 2024. The appeals process in federal criminal cases typically focuses on alleged legal errors during the trial proceedings rather than re-examining the factual evidence presented to the jury.
The Second Circuit Court of Appeals, based in New York, has jurisdiction over appeals from federal district courts in New York, Connecticut, and Vermont. The court regularly handles criminal appeals involving a wide range of federal offenses.
Judge Calabresi, one of the panel members, is a senior judge appointed by President Carter in 1994 and is known for his expertise in tort law and law and economics. Judge Raggi was appointed by President George W. Bush in 2002 and previously served as a federal prosecutor. Judge Lee was appointed by President Biden in 2021 and is among the court's newer members.
The affirmance represents the conclusion of Lettieri's direct appeal process, though defendants in federal criminal cases may still pursue post-conviction relief through other procedural avenues in limited circumstances. The Supreme Court rarely reviews criminal cases involving application of well-established legal principles.
Federal law enforcement agencies, including the FBI and U.S. Attorney's offices nationwide, have made combating crimes against children a priority. These cases often involve complex investigations using digital forensics and undercover operations to identify and prosecute individuals who attempt to exploit minors.
The case reflects the ongoing judicial system's handling of crimes involving minors, where federal courts typically impose substantial penalties to reflect the serious nature of such offenses and their impact on vulnerable victims.