United States v. Bowling

770 F.3d 1168 (7th Cir. 2014)

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Nature of the Case

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Facts

D was charged with strangulation, battery, and two counts of contributing to the delinquency of a minor. The strangulation charge was a felony, while the others were misdemeanors. The prosecutor extended a plea offer to dismiss the felony count in exchange for a plea of guilty to misdemeanor offenses. Approximately three months later, D pleaded guilty to disorderly conduct-a new misdemeanor charge-in exchange for the dismissal of all other state charges against him. Prior to the guilty plea and while the charges were still pending, D attempted to purchase a firearm. He filled out ATF Form 4473 and answered 'no' to question 11(b), which asked: '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?' In the 'Current Residence Address' block, D provided a former address that was listed on his driver's license and where he maintained an office, but no longer resided. Before completing the paper-work, D certified that his answers were correct. P filed an indictment charging D with two counts of making a false statement in connection with the acquisition of a firearm in violation of 18 U.S.C. § 922(a)(6). At trial, P introduced a recording of the initial hearing, which included allegations that D strangled a minor by 'wrapping his arm around the neck and cutting off the airflow of 'R.A.S.' with a birthdate of, July 5, 1995.' The jury heard allegations that D induced the minor 'to consume alcoholic beverages in his home.' The County Prosecutor, Caviness, testified for P that he drafted the charging information against D, including the felony charge for strangulation and the misdemeanor charges of contributing to the delinquency of a minor. He testified that all of the charges were pending against D on July 14, 2012 when D filled out Form 4473. D sought to question Caviness about the plea offer to dismiss the felony count. P objected that this testimony was irrelevant. D's counsel made an offer of proof in which the county prosecutor acknowledged that the trial in D's state case had been scheduled for early July and that he had communicated a plea offer to D's counsel whereby the state would dismiss the felony count in exchange for D pleading guilty to a misdemeanor offense. The jury never heard this testimony. D was convicted and appealed.