United States Seventh Circuit

Where defendant gun sellers were deliberately ignorant to the fact that purchasers lacked FOID cards, were buying guns for others, and would use the guns in a felony, an ostrich instruction, which informs the jury that actual knowledge and the deliberate avoidance of knowledge are the same thing, was proper, as was an enhancement under U.S.S.G. sec. 2K2.1(b)(5).

Appellate Information

• Decided 03/08/2002
• Published 03/08/2002

Judges

• KANNE, Circuit Judge., Before POSNER, EASTERBROOK, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• David Hoffman (argued), Office of the U.S. Atty., Crim. Div., Chicago, IL, for United States of America., Steven Shobat, Chicago, IL, for Brian Inglese., Michael B. Nash (argued), Chicago, IL, for Earl F. Baumhardt, Jr., Joel W. Ostrander, Oak Park, IL, for B & H Sports, Ltd.