United States v. Bowling, No. 13-3895 (7th Cir. 2014)
Annotate this CaseBowling was charged with strangulation (a felony), battery, and contributing to the delinquency of a minor. The matter was continued with an offer to dismiss the felony count in exchange for a plea of guilty to misdemeanors. Bowling later pleaded guilty to disorderly conduct in exchange for dismissal of all other charges. Before the plea, while the charges were pending, Bowling attempted to purchase a firearm from a federally licensed dealer and completed ATF Form 4473, answering “no” to: “Are you under indictment or information in any court for a felony, or for any other crime, for which the judge could imprison you for more than one year?” For “Current Residence Address,” Bowling provided a former address, two blocks from his current home; it was listed on his driver’s license and he maintains an office there. The government charged Bowling with making a false statement in connection with the acquisition of a firearm, 18 U.S.C. 922(a)(6). The jury heard allegations that Bowling strangled a minor and induced the minor to consume alcoholic beverages in his home, but never heard about the plea offer. The judge instructed that: “A false street address is material to the lawfulness of the sale of a firearm.” Bowling was convicted. The Seventh Circuit remanded for a new trial; the court violated Bowling’s due process right to present a mistake-of-fact defense.
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