United States Eighth Circuit

In a prosecution for possession of firearms by a convicted felon, grant of the government's motion in limine to preclude the defense of entrapment by estoppel is affirmed where: 1) a federally licensed firearms dealer is not a government official whose representations give rise to an entrapment by estoppel defense; and 2) even if the dealer were a government agent, a report generated from the National Instant Criminal Background Check System (NICS) permitting the dealer to "proceed" with a firearms sale is not the type of statement giving rise to the entrapment by estoppel defense.

Appellate Information

• Decided 05/01/2008
• Published 05/01/2008

Judges

• PER CURIAM., Before MURPHY, COLLOTON, and SHEPHERD Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• James J. Kelleher, Spec. Asst. U.S. Atty., Springfield, MO (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.