United States Ninth Circuit
US v. BATTERJEE, 03-10152
District court erred in rejecting legal alien's affirmative defense of entrapment by estoppel. The outdated version of Form 4473 presented to him by the federal firearms licensee did not provide him with notice that a non-immigrant lawfully in the US on a work visa could not possess or receive a firearm under 18 U.S.C. section 922(g)(5).
Appellate Information
- Argued 02/10/2004
- Decided 03/24/2004
- Published 03/24/2004
Judges
- ALARCÓN, Circuit Judge., Before: HUG, JR., ALARCÓN, and FLETCHER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Dale A. Danneman and Lawrence A. Kasten, Lewis and Roca LLP, Phoenix, Arizona, for the defendant-appellant., Howard D. Sukenic, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.