United States v. Miles, No. 13-1158 (2d Cir. 2014)Annotate this Case
Defendant appealed his conviction and sentence for being a felon in possession of a firearm following a bench trial on stipulated facts. Defendant was sentenced to a mandatory minimum term of fifteen years under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The court concluded that the district court did not clearly err by denying the defense of entrapment by estoppel where a defendant charged with violating a federal crime must show reliance on the advice or authority of federal officials or agents to invoke the defense. In this instance, defendant argued that his federal prosecution was precluded by representations made to him in connection with state and local government programs offering "cash for guns." The court concluded that the district court correctly held that on the facts averred by defendant he would be unable to assert an "innocent possession" defense; there was probable cause to arrest and frisk defendant; defendant's state conviction for robbery in the third degree qualified as a violent felony under the ACCA; and defendant's remaining arguments were without merit. Accordingly, the court affirmed the judgment of the district court.