In US v. Ford, No. 09-2244, the court of appeals affirmed defendant’s sentence for being a felon in possession of firearms and ammunition, being a fugitive in possession of firearms and ammunition, and possession of stolen firearms, on the grounds that 1) the evidence of defendant’s prior Kansas escape was undoubtedly res gestae–intrinsic evidence inextricably connected to the charged crimes; 2) the district court had enough evidence to find that firing a gun 100 feet from officers in the middle of the night creates a substantial risk of serious bodily injury; and 3) criminal discharge of a firearm at an occupied building or vehicle was at least as risky as burglary or arson.
In US v. Vincent, No. 09-4193, the court of appeals affirmed defendant’s conviction for knowingly distributing methamphetamine, holding that 1) a defendant is entitled to a jury instruction on entrapment only when the government conduct is such that a reasonable jury could find that it “creates a substantial risk that an undisposed person or otherwise law-abiding citizen would commit the offense”; and 2) the district court correctly concluded that even assuming a witness was a confidential informant, defendant did not adequately raise an entrapment defense.
Related Resources
- Full Text of US v. Ford, No. 09-2244
- Full Text of US v. Vincent, No. 09-4193
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